In Europe, there is a Directive on Privacy and Electronic Communications governing rules on Data Protection and Privacy in the digital age.

  

Article 13 of this Directive talks about messages with a commercial character. 

 

Are designated as ‘message’ both SMS and e-mail.


This article does not detail the laws of each country, but only Article 13 of the European Directive. For more details refer to the legislation in your country or that of your recipients.

 

Here is a summary of Article 13 of the European Directive concerning unsolicited communications. 

 

 

 

  

1. Message with a commercial character are not allowed without the prior consent of the recipient. This is called the Opt-in option.


This rule does not apply if the recipient is a customer/client and if the message offers similar products from the same company.


This point is only for recipients who are individuals. In the case of legal persons, the member states of the EU have to initiate laws that can protect them sufficiently.


2. The unsubscribe link is required and should be free and simple.

 

3. The identity of the issuing company must be clearly presented. 

 

 

 

Summary:

 

  B to C B to B
Prior consent Required Recommended (depending on the laws of the country)
Unsubscribe Required Required
Identity of the company issuing Required Required

 

 

 

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