In addition to introducing new policies for the
telecommunications quarter (greater information to be had here) and the law of
so-known as cookies (separate article right here), the brand new Electronic
Communications Act (No. 452/2021 Coll.), also changes the law of direct
advertising and unsolicited communications (junk mail). Below we talk this
subject matter which cuts throughout all business sectors.
Conditions for direct advertising
Compared to the preceding regulation, the new regulation is
going into greater detail and additionally introduces a definition of direct
marketing, which turned into missing inside the preceding law. The time period
direct marketing covers any shape of presentation of goods or else services in
written or oral form, despatched or supplied via a publicly to be had service
directly to at least one or more users.
This definition covers a extensive variety of sports serving
to sell entrepreneurs with the aid of electronic manner, together with sending
so-known as newsletters and commercial offers through email, contacting
customers by using smartphone, etc. Direct marketing requires (as under the
preceding law) the earlier consent of the addressee, but positive exceptions to
this rule exist.
Direct marketing based totally on consent
When sporting out direct marketing based on consent, the
consent should meet the necessities underneath the GDPR (Regulation (EU)
2016/679 of the European Parliament and of the Council at the protection of
natural men and women in regards to the processing of personal statistics and
at the free motion of such statistics, "GDPR"). Such consent ought to
therefore be:
Consent obtained for direct advertising need to be kept on a
long lasting medium (this additionally applies to consent withdrawal). The
retention duration for consent and consent withdrawal is at the least 4 years
after taking flight the consent.
How to attain consent?
The new regulation explicitly prohibits the usage of
automatic and communication structures without human intervention, telefax,
email and quick message services (SMS) to reap consent. Thus, it isn't viable,
e.G. First of all ask through e-mail for consent to get hold of the advertising
substances.
Calling (by means of a human, now not an automated system)
to attain prior consent isn't prohibited and is therefore one way to reap
consent. In doing so, it will be essential to correctly record granting the
consent. When consent is received, it must be made clear how consent can be
withdrawn.
Another manner to attain consent may be to subscribe to
commercial communications, while the recipient makes a decision to receive the
advertising substances. Whenever contacted, the recipient have to be given the
opportunity to without problems and freed from rate decide-out of receiving
commercial communications at any time (e.G. Unsubscribe with the aid of
clicking on a hyperlink provided at once in the commercial e mail).
When is direct advertising allowed without consent?
The new regulation gives the following classes of exceptions
while the consent of the recipient of direct advertising isn't always required:
The first exception entails advertising of personal equal or comparable items
and services, the usage of contact info for the delivery of electronic mail
that the individual carrying out direct advertising has received inside the
past while providing his very own items and offerings.
In practice, this exemption may practice, as an instance, if
someone has shopped at a particular e-keep and subsequently that e-keep could
ship them a proposal of comparable items to their email. However, the wording
of the law requires that the marketed goods and offerings have to be of the
same or comparable nature as the ones in relation to which the recipient's
touch statistics became received.
This method that it is not feasible to use the contact info
obtained to promote absolutely exclusive items or offerings, and it is also no
longer feasible to provide the data acquired in this manner to 1/3 events, e.G.
To offer the email acquired this manner to an advertising
business enterprise engaged in direct advertising. Another exception to the duty to achieve
earlier consent allows the addressee – an individual which is an entrepreneur
or a felony entity - to be contacted thru publicly to be had contact details.
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