Regulates the use of electronic communications for direct marketing purposes, including requirements for consent, opt-out options, and cookie disclosure.
Definition
Excerpt
This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers.
Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.
A person may send or instigate the sending of electronic mail for the purposes of direct marketing where— (a)that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient; (b)the direct marketing is in respect of that person’s similar products and services only; and (c)the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.
A subscriber shall not permit his line to be used in contravention of paragraph (2).
Related cases
We Buy Any Car Ltd, a car valuation company, was fined by the UK DPA for sending unsolicited marketing emails and SMS, with complainants unable to unsubscribe from them.
UK DPA fined a car finance company for not providing a simple, clear and specific opt-out process for marketing, lack of information about data processing practices, and absence of opt-out option for individuals.
Related deceptive patterns
The user tries to do something, but they are persistently interrupted by requests to do something else that may not be in their best interests.
The user finds it easy to sign up or subscribe, but when they want to cancel they find it very hard.
The user wants to do something, but they are required to do something else undesirable in return.