Here you will find some basic and essential rules so that you can advertise by email in compliance with the applicable regulations.
We will comply with both Law 34/2002, of 11 July, on information society services and electronic commerce, and Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights.
Let’s get started!
Who can we send commercial emails to?
This type of email can be sent to natural or legal persons who are:
1. Customers: without the need for prior consent, provided that:
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- There is a previous contractual relationship (being a customer means that there is one).
- They refer to products or services similar to those initially contracted.
2. Non-customers: express and specific authorisation or consent is required prior to sending, i.e. they must have subscribed to a list or have given their consent in another way (by ticking a box on a form, by direct email, etc.).
What requirements must the email meet?
This type of email must comply with a series of requirements, such as:
1) Clear identification that it is a commercial communication.
The email itself must clearly identify that it is an advertising or commercial email.
2) Information about the sender
It must be clearly identified on whose behalf (natural or legal person) the commercial communication is being sent, and it is prohibited to disguise or conceal the identity of the sender.
3) Possibility to object (opt-out)
In any case, the recipient must be offered the possibility of opposing the sending of this type of communication by means of a simple and free procedure, both at the time the data is collected and in each of the commercial communications sent to him/her.
In addition, the Law establishes that, for the sending of advertising by e-mail, the means of objection must necessarily consist of the inclusion of an e-mail address or other valid electronic address where this right may be exercised, and the sending of communications that do not include such an address is prohibited.
It is also advisable toadd a link to the email to unsubscribe from commercial communications.
4) If they are promotional offers or competitions:
They must be clearly identified as such. In addition, the conditions of access and/or participation must be easily accessible and expressed clearly and unequivocally.
5) Include privacy information:
In order to comply with data protection regulations, data subjects must be provided with the information set out in Article 13 of the Data Protection Regulation. This is usually done through a tagline at the end of the marketing email and can be in the form of a first and second layer (with a link to the full privacy policy) or a single layer (including all information in the email itself).
Can I be contacted by email to offer products or professional services?
What if I want to contact a person by email to offer them my products or professional services? (Please note, we are not talking about email marketing).
Data protection regulations allow us to do so, on the basis of our legitimate interest, provided that:
1) The processing refers only to contact data or data relating to the position held in the company and only those necessary for the professional location of the person.
2) The purpose is solely to maintain relations with the legal entity in which the data subject provides his or her services. The same applies to sole proprietors and liberal professionals.
But we must be clear that this does not legitimise sending recurrent advertising and filling your mailbox with this type of communication. We should only use it to send a first email.
Article written by
Adriana Ranchal
Attorney – Privacy & IP
About Metricson
With offices in Barcelona, Madrid, Valencia and Seville and a significant international presence, Metricson is a pioneering firm in legal services for innovative and technology companies. Since its inception in 2009, it has advised more than 1,400 clients from 15 different countries, including startups, investors, large corporations, universities, institutions and governments.
If you would like to contact us, please do not hesitate to write to us at contacto@metricson.com. We look forward to talking to you!