E-mail B2B/B2C

The marketing regulation related to the use of electronic communication channels (e-mail, phone, fax, SMS) is set out in the Electronic Communication Act and the Electronic Commerce Act. The rules for sending marketing e-mails, in particular, generally depend on the type of recipient (whether is it a legal entity or a physical person).

 

In addition, GDPR may also be applicable. An e-mail address of the recipient – legal person, such as ikeacontact@ikea.bg, does not contain personal data and would not fall within the scope of GDPR. However, personal data of employees of the legal person, including their professional e-mail addresses (e.g. ivan.ivanov@ikea.bg) as well as personal email (e.g. ivan.ivanov@gmail.com or even lion@gmail.com), contain or may contain personal data and, therefore, respective GDPR rules must also be complied with, e.g. for information to be provided to data subjects (please refer to “Personal data – Notice and Privacy Policy” below).

 

B2B – Opt-out

Consent is not a requirement, if:

  1. The recipient business is already a client, i.e. you have the e-mail address from a previous delivery of services or goods, the new e-mail is related to similar goods and services offered by the sender and the recipient was given the ability to opt-out at the time of the previous delivery (Electronic Communication Act, art.261 (2)) (referred to below as the Client’s Exemption); or
  2. The recipient – legal entity is not a client, but their e-mail address is not registered for not wanting to receive unsolicited marketing communication and other spam (Electronic Commerce Act, art.6 (2)) (please see also “Suppression Files” below).

If neither 1., nor 2. applies, consent must be attained before sending direct marketing e-mails.

Though GDPR allows the business entity to rely also on its legitimate interest as a legal ground when sending such e-mails, the e-Privacy Directive (implemented in Bulgaria through the Electronic Communication Act) contains supplemental rules governing consent requirements for e-marketing.

 

B2C (work e-mail) – Opt-in

According to the Electronic Communication Act Art. 261 (1), the client’s consent is required about receiving marketing e-mails. The only exception from the opt-in requirement is the Client’s Exemption (please refer to item 1 in section “B2B – opt-out” above).

 

B2C (personal e-mail) – Opt-in

The Electronic Communication Act Art.261 (1) and the Electronic Commerce Act art.6 (4) provide for an opt-in requirement, unless the Client’s Exemption is applicable (please refer to item 1 in section “B2B – opt-out” above; see also “B2C (work e-mail) – Opt-in” above).