Compiance with European Data Protection Law and Regulation - Direct marketing - Marketing by electronic mail, sms

3 important questions on Compiance with European Data Protection Law and Regulation - Direct marketing - Marketing by electronic mail, sms

What is meant by electronic mail by the ePrivacy directive?


Any text, voice, sound or image sent over a public communications network that can be stored


Technology-neutral

How should consent be obtained with marketing by electronic mail?

Prior to contacting them, via a 'fair processing notice' at the time their data is collected. - Active 'tick-of-the-box'

What is the exemption from the strict opt-in requirement for direct marketing by electronic mail? What is a main requirement?


The soft opt-in rule. The data controller obtained the details 'in the context of the sale of a product or service'. -


This allows data controllers to send electronic mail marketing on an opt-out basis.

The controller gave the individual the opportunity to opt out of marketing at the time the details were collected and in each communication.

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