Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.
Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
Yes. Although the Personal Data Protection Law does not specifically address (electronic) marketing, it contains provisions stating that data subjects have the right to prohibit the use of their personal data for marketing purposes. Moreover, the provisions on electronic marketing are also included in the Law on Information Society Services, which requires prior express consent (the opt-in approach) from the data subject before using his or her contact information (eg, email address or phone number) for electronic marketing purposes. In practice, a checkbox separate from the acceptance of the standard terms is often used to obtain this consent.
According to the Law on Information Society Services, no consent is required if:
- the data has been obtained in the course of the sale of goods or provision of services and is used for the same or similar goods or services;
- the recipient is able to refuse the use of the personal data easily and at no cost; and
- the recipient has not previously declared that he or she does not want to be contacted.
Click here to view the full article.