E-mail B2B/B2C

B2B – Opt-out

In a B2B relation, e-mail advertising operates under the opt-out regime. Corporate subscribers have to be informed of the use of email marketing and be offered a way to refuse it. The identity of the sender must not be disguised or concealed.

The content of the email marketing must be in relation with the professional activity of the recipient. It is permissible to send marketing e-mails to corporate subscribers even if their email address doesidentify directly a physical person (e.g. pierre.dupont@…).

Governing law and self-regulation: Article L. 34-5 du Code des postes et des télécommunications ; Article L. 121-20-5 du Code de la consommation, Sncd Code of Ethics, UFMD Code of Ethics.

Sanctions: administrative fines may not exceed the amount of € 3,000for a natural person and € 15,000 for a legal person.

B2C – Opt-in

In a B2C relation, e-mail advertising operates under the opt-in regime. It is not permissible to send e-mail marketing to individual subscribers without their prior consent understood as a ‘free, specific and informed manifestation of consent to his personal data being used for direct marketing purposes’. The customer must be provided with means to freely object to any further e-mails. The identity of the sender must not be disguised or concealed.

It is permissible to send direct marketing email to a person who is already a customer without consent, if the email address has been obtained during a sale, and the individual has been informed and did not object to receiving direct marketing e-mails.

Governing law : Article L. 34-5 du Code des postes et des télécommunications ; Article L. 121-20-5 du Code de la consommation.

Sanctions: administrative fines may not exceed the amount of € 3,000 for a natural person and € 15,000 for a legal person.

The Sncd and the UFMD published Codes of Ethics about ethics and compliance emailing rules in B2C and B2B relations.