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ePrivacy Regulation Proposal Article 16

Direct marketing communications

  1. Natural or legal persons may use electronic communications services for the purposes of [sending or presenting] direct marketing communications to end-users who are natural persons that have given their consent.
  2. Where a natural or legal person obtains contact details for electronic message from end-users who are natural persons, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if such end-users are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time such direct marketing communication is [sent or presented].
  3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the calling line identification on which they can be contacted;
  4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural persons shall only be allowed in respect of end-users who are natural persons who have not expressed their objection to receiving those communications.
  5. Member States shall ensure, in the framework of Union law and applicable national law, that the legitimate interest of end-users that are legal persons with regard to direct marketing communications [sent or presented] by means set forth under paragraph 1 are sufficiently protected.
  6. Any natural or legal person using electronic communications services to [send or present] direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the direct marketing communication is [sent or presented] and shall provide the necessary information for end-users who are natural persons to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further direct marketing communications.

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