Article 29 - Individually addressed digital advertising spam
(1) Individually addressed marketing communication through the digital interactive media can be sent to the consumers only inasmuch
a. as the contents or the offer can be relevant to the targeted consumer and the
b. company provides for the consumer a simple and transparent method whereby the consumer can express that he or she does not want to receive similar mails in the future,
(2) Direct marketing aimed advertisement may only be sent electronically only with the prior (electronic or written) consent of the consumer. Only those consumers can be sent such advertising whose email address or telephone number was obtained by advertiser (person or organization) legally and in a manner that consumer/ user consented to the sending of advertisements unambiguously and previously. Such advertisements may only be sent by persons or organizations that received the user’s consent or that obtained the data as a third party through a person or organization that the user authorized unambiguously and previously.
a. Such advertising can only be sent in accordance with legal regulations and in the subject, quantity and frequency to which the original permission of the user entitles. In all such advertising it must be clearly indicated how user may get off the ‘mail list’, i.e. through which simple process may he/ she prevent receiving further similar advertising from the given sender.
b. In case of Bluetooth based advertisements the opt-in function provided by the technology shall be used. In case a consumer/ user rejects the reception of the advertisement, the given Bluetooth device should not interact with the sender.
