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Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
Data collected by a data controller cannot be used for direct marketing without the data subject’s express consent. The data controller must make it clear to the data subject that he or she has the right to opt out whenever he or she wishes.
Yes. Regulation 5 of the Processing of Personal Data (Electronic Communications Sector Regulations), which implements the provisions of the EU Privacy and Electronic Communications Directive (2002/58/EC), requires data controllers to obtain the data subject’s prior consent for processing his or her personal data, unless it is strictly necessary for the provision of an information society service.
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