- Non-binding Commission factsheet page describing the EU's ePrivacy modernisation initiative; used only as explanatory background.
"ePrivacy"
More quoted passages
"online privacy"
Use this workflow before sending electronic-mail direct marketing without prior consent under the .
The review focuses on proof of an existing customer relationship, own similar products or services, collection-time and message-level opt-out, sender identity, suppression records, approval gates, and national transposition caveats.
Do not use the unless every condition passes for the specific sender, contact source, product, channel, and country. starts from prior consent for electronic-mail direct marketing. Its customer exception permits the same natural or legal person that obtained electronic contact details in the context of a sale to market its own similar products or services, provided the customer received a clear, free, easy opportunity to object when the details were collected and with every later message. If any condition fails, suppress the contact unless another route under the applicable national law is documented, such as valid prior consent. The Commission withdrew its proposed replacement ePrivacy Regulation on 6 October 2025, so this workflow applies Directive 2002/58/EC as amended and the relevant national implementing law.
Trace the contact detail to its collection event before reviewing the campaign. The is tied to electronic contact details obtained lawfully from customers in the context of a product or service sale. For this workflow, is broader than email: the Directive's definition covers stored text, voice, sound, or image messages sent over a public communications network, which includes SMS. Confirm the national rule for the channel being used.
Approve this gate only when the CRM record can show the product or service sale in whose context the address was collected, which legal entity collected it, the privacy notice or checkout screen shown at collection, and whether the customer objected at that moment. A quote, negotiation, trial, or abandoned transaction is not enough under the Directive's EU baseline unless the applicable national implementation supplies a separately sourced route.
Sources (3)
Provides the electronic-mail definition, the prior-consent rule, and the limited customer-relationship exception in Article 13(2).
obtains from its customers their electronic contact details
Shows the amended Article 13 wording used to review the soft opt-in conditions after the 2009 changes.
Article 13 shall be replaced by the following
Used for the fallback path where the Article 13 soft opt-in is unavailable and the sender must rely on valid consent instead.
freely given, specific, informed and unambiguous
The campaign must market the same sender's own similar products or services. The same brand, corporate group, shared CRM, or common marketing team does not by itself make two companies the same natural or legal person. Record the entity that obtained the contact detail and the entity on whose behalf the message will be sent.
The Directive does not define a universal similarity test. Use a short matrix before audience upload, then apply the relevant national law and regulator guidance. Compare the original purchase category and use with the advertised offer, its function, likely customer expectation, and whether it is supplied by the same legal person. Price, delivery channel, or shared branding may inform the review but cannot replace the own-similar-products condition.
Sources (2)
Provides the Article 13 condition that the contact details may be used only for direct marketing of the sender's own similar products or services.
own similar products or services
Non-binding Commission factsheet page describing the EU's ePrivacy modernisation initiative; used only as explanatory background.
The opt-out must exist twice: at collection and on each marketing message if the customer did not initially refuse. The send must also avoid disguised or concealed sender identity and provide a valid address to which the recipient may send a request to stop further communications.
Marketing operations should test the unsubscribe path before approval, then prove suppression after the test. The record should show that an objection entered through the campaign link, valid stop-contact address, preference center, or supported manual channel reaches the suppression store used by every platform sending marketing on behalf of that legal person. Keep service messages outside the marketing suppression rule only where their non-marketing purpose is documented.
Sources (3)
Supports the collection-time and each-message opportunity to object, plus the prohibition on concealed sender identity or missing stop-contact address.
on the occasion of each message
Confirms the post-amendment Article 13 wording for clear, free, easy objection and sender-identity controls.
valid address to which the recipient may send a request
Used for the consent fallback: if soft opt-in fails and consent is used instead, the consent mechanism must be free, specific, informed, unambiguous, and withdrawable.
freely given, specific, informed and unambiguous
Do not convert this EU-level workflow into a country-rule database. is implemented through national provisions, and the ePrivacy/GDPR relationship can affect enforcement and documentation. Before launch, the regional owner should confirm whether the target country implementation changes the practical result for the channel, audience type, timing, or objection mechanism.
Passing addresses the electronic-mail channel rule; it does not supply or replace the GDPR basis, transparency information, data minimisation, retention, or rights analysis for personal data used to select and contact the audience. In particular, Article 21 GDPR gives a person the right to object at any time to processing for direct marketing, after which the personal data may no longer be processed for that purpose.
If a national-law answer is missing, record the issue as blocked for that country instead of guessing. The campaign can proceed only for countries whose legal, product-similarity, opt-out, sender-identity, suppression, and GDPR gates are approved.
Sources (4)
Non-binding Commission factsheet page describing the EU's ePrivacy modernisation initiative; used only as explanatory background.
online privacy
Supports this page's analysis of national-law caveat because Member States lay down rules and penalties for national provisions adopted under the Directive.
Member States shall lay down the rules on penalties
Supports the separate GDPR analysis for audience data and the right to object at any time to processing for direct marketing, after which the data may no longer be processed for that purpose.
Records that the proposed ePrivacy Regulation was withdrawn by the Commission on 6 October 2025 and that the procedure lapsed or was withdrawn.
Sorena can help convert the Article 13 checks on this page into campaign approval gates, segment evidence, suppression tests, and reusable regional review records.
Ask cited questions about customer relationship evidence, similar products, opt-out controls, sender identity, and soft opt-in campaign approval.
Review a proposed electronic-mail marketing send, source gaps, and national-law caveats before launch.
"ePrivacy"
"online privacy"
"customers clearly and distinctly are given the opportunity to object"
"Article 13 shall be replaced by the following"
"valid address to which the recipient may send a request"
"as easy as granting it"
"freely given, specific, informed and unambiguous"
"own similar products or services"
"on the occasion of each message"
"Member States shall lay down the rules on penalties"
"obtains from its customers their electronic contact details"
"direct marketing of its own similar products or services"
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