Electronic Mail Electronic mail (i.e. a text message, voice message, sound message, image message, multimedia message or email message) for the purpose of direct marketing cannot be sent to you without your prior consent unless it is from someone with whom you have a current customer relationship. The Regulations specify that the marketer must have obtained your contact details in the context of the sale of a product or service to you not more than twelve months prior to the sending of the direct marketing communication or, where applicable, your contact details were used by that marketer for the sending of electronic mail to you within that twelve month period. The rules for direct marketing using electronic mail are simple:
Marketers
may send you electronic mail for direct marketing purposes where:
- You have given them explicit consent to do so within the last twelve months, or
- they have obtained your personal contact details in the course of a sale to you of a product or service within the last twelve months, they informed you of their identity, the purpose in collecting your contact details, the persons or categories of persons to whom your personal data may be disclosed and any other information which is necessary so that processing may be fair, and
- the direct marketing they are sending is in respect of their similar* products and services only, and
- you were given a simple cost-free means of refusing the use of your contact details for direct marketing purposes at the time your details were initially collected, and where you did not initially refuse the use of those details, you are given a similar option at the time of each subsequent communication. (If you fail to unsubscribe using the cost-free means provided to you by the direct marketer, you will be deemed to have remained opted-in to the receipt of such electronic mail for a twelve month period from the date of issue to you of the most recent marketing electronic mail).
Marketers
may not send you any electronic mail for direct marketing purposes in the following circumstances:
- if you have not given your prior consent to receiving such mail within the last twelve months in accordance with the options set out above,
- if the identity of the sender has been disguised or concealed or a valid address to which you can send an opt-out request has not been provided, and additionally, where the electronic mail is an email communication, a valid address at which the sender may be contacted has not been provided.
- if you have joined a club to which you pay a subscription for text, multimedia or email message services, unless the direct marketing is directly related to a similar* product or service to the subscription club of which you are a member,
If you are receiving electronic marketing messages contrary to these rules, you may complain to the Data Protection Commissioner.
