E-mail B2B/B2C – Opt-In

It is forbidden to send marketing emails to either corporate or individual subscribers without their prior consent.

Direct marketing emails cannot be sent if:

  • the identity of the sender is disguised or concealed;
  • an opt-out possibility is not provided.

The sender must also clearly identify:

  • commercial and unsolicited commercial communications as such;
  • natural or legal person on behalf of whom a commercial communication is made;
  • promotional offers, competitions and games and conditions for participation. 

It is possible to send marketing emails without the subscribers’ prior consent, if:

  • a commercial relationship already exists, and the organisation has collected the email address in the context of a sale (interpretation of the supervisory authority requires that the sale resulted in a financial transaction obligation for the addressee of the email);
  • and used this address to offer only similar goods or services;
  • the data subject is informed about the use of his/her email address for direct marketing purposes at the time of his or her registration; and
  • the data subject has been (at the time of registration) offered the opportunity to object to such use.

Another exception to the opt-in rule states that no consent is required if the email address is published and designated by the subscriber for the purpose of receiving those specific emails.