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Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
With respect to electronic marketing (spam), the Secretariat of Economic Law issued Ordinance 5/2002, deeming opt-out provisions in adhesion agreements to be abusive. In addition, the Internet Steering Committee issued a ‘soft law’ on unsolicited messages, providing that opt-in or soft opt-in email marketing campaigns are legitimate, but it also requires companies to adopt opt-out mechanisms in all circumstances.
The Internet Act provides that the individual whose data is being collected must be given clear and comprehensive information about the collection, use, storage, treatment and protection of his or her personal data, including information collected through cookies, beacons and other tracking technologies.
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