It is necessary to remember that commercial communication can take very different forms and it is necessary to consider as such all communications serving to promote the entrepreneur and his products or services (even indirectly), including encouragement to visit a particular website.
What do you need to look out for if you are sending out commercial communications by email?
- clear and distinct indication that it is a commercial communication
- clear identification of the sender
- valid address to directly and effectively opt-out of receiving further commercial communications, on a case-by-case basis
To whom may you send commercial communications:
- to your customers in connection with services or products you have provided to them;
- to persons who have previously given you their consent to do so (please note – even a request for consent to send is a commercial communication!).
What else is good to remember?
As you are processing a customer’s email address in connection with sending a commercial communication, you are also obliged to comply with the regulations regarding the processing of personal data.