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Electronic marketing and internet use

Electronic marketing

Are there rules specifically governing unsolicited electronic marketing (spam)?

No; however, unsolicited electronic direct marketing is, in principle, prohibited.

Electronic direct marketing to private individuals by means of automated calling system, fax, email, text, voice, sound or image message requires the individual's prior consent, also referred to as the ‘opt-in mechanism’.

There are some exceptions to this principle. For example, a service provider or a product seller may use contact information, provided by the customer when buying a product or service, for direct marketing of the provider's own products of the same product group and other similar products or services. The customer must be given the opportunity to prohibit easily the use of contact information for marketing purpose without any additional charge.

Electronic direct marketing to legal persons (including representatives of such) does not require consent. However, the receiver has the right to opt out.


Are there rules governing the use of cookies?

Yes, the Information Society Code regulates the use of cookies. Cookies may be saved on the user's device and the information gathered thereby may be used if the user has consented to the processing and if the service provider gives the user comprehensible and complete information regarding the use and storage of such data. This does not apply to the necessary storage and use of data for providing a service specifically requested by the subscriber or user. Data collected through the use of cookies may not be stored or used other than to the extent required for providing the service. Further, the protection of privacy may not be limited more then necessary.

As the European Union is currently reforming the legislation governing the use of cookies by amending the so-called ‘eprivacy legislation’ and repealing Directive 2002/58/EC on privacy and electronic communications, the rules governing the use of cookies in Finland will likely also be amended in the near future.

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