Email Marketing in the Dominican Republic: The Consent Rules of Anti-Spam Law 310-14

A mass email campaign can generate liability faster than it generates sales. Since Law 310-14 took effect in August 2014, sending commercial email in the Dominican Republic without the recipient’s consent is not a marketing tactic, it is a prohibited act with civil and criminal consequences.

The law regulates the sending of unsolicited commercial emails (spam), targeting the abusive practices of individuals and companies that message people without explicit consent, and giving those affected a direct path to legal action.

What a compliant email looks like

Article 4 starts with the subject line: every commercial email must conspicuously carry the word “Publicidad”, and “Publicidad para Adultos” where the advertising is directed at adults. The message itself must identify the sender with full name, domicile and email address; the sending account, the internet mechanisms used and the initiator of the communication must match; and there must be an active, valid reply address (or a phone number, for mobile messaging) through which the recipient can opt out. The opt-out mechanism must actually work, and the sender must respond within two days of the recipient’s notice.

Article 7 then states the core rule: sending unsolicited commercial communications, directly or indirectly, by email or mobile phone, without the recipient’s authorization or consent, is prohibited. The law frames this as three privacy rights, to not receive unsolicited commercial communications, to reject them through a valid response mechanism, and to revoke previously granted consent at any time.

Violations, exceptions and penalties

A communication crosses the line when it is sent without request or authorization, carries a false or misleading subject, prevents the recipient, service providers or authorities from identifying or answering the sender, or is sent more than five days after the recipient opted out. Two exceptions apply: an existing or prior commercial relationship where the recipient has not objected, and communications the recipient voluntarily requested.

Violators are liable for the damages their messages cause, and recipients may sue before the court with territorial jurisdiction. The law also defines crimes, punishable by six months to five years in prison plus fines calculated in multiples of the minimum wage, for conduct such as sending through hacked systems, relaying messages to disguise their origin, falsifying subject lines, fraudulently registering email accounts under false identities, harvesting addresses from public sites, or selling email databases without their owners’ consent.

For foreign companies the comparison worth internalizing is this: the Dominican regime is consent-first, closer to Europe’s opt-in model than to the U.S. opt-out approach under CAN-SPAM. A list that is compliant in Miami may be illegal in Santo Domingo. Before your next campaign touches Dominican inboxes, have counsel review the consent trail, it is far cheaper than defending the lawsuit that follows.

Do you want more information about our services on Commercial Marketing and Anti Spam Law in Dominican Republic? Contact Us.

Disclaimer: This publication is not intended to provide advice or suggest a guaranteed outcome as individual situations will differ and the situation may have changed since publication. For specific advice on the information provided and related topics, please contact the author.

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