Act on the Protection of Privacy in Electronic Communications 26§ addresses direct marketing to natural persons:
“Direct marketing by means of automated calling systems, facsimile machines, or e-mail, text, voice, sound or image messages may only be directed at natural persons who have given their prior consent.“
Data Protection Ombudsman’s guidance for “data protection in direct marketing”:
- If the direct marketing is directed to a company and sent to a person whose work tasks essentially connects to the marketed product or service, you would not need the employee’s advance permission. When judging whether the message is connected to the work task, you would need to pay attention to the person’s work authorities, in other words to those issues where the person has qualification to act by the behalf of the company.
- Direct marketing practitioner’s responsibility is that direct marketing, which is directed to the company, will not be sent without advance permission to a person whose work task are not in line with the marketing’s message. Direct marketing practitioner must take care that the person’s work authorities are investigated sufficient ways. Direct marketing practitioner must see these matters even when practitioner gets contact details delivered by other register holder.
- Only by the person’s title or job title cannot in all cases and in overall determine what work task include to the job. Exclusively using title or job title to determine the work authorities may lead to a false outcome and therefore it cannot be considered as sufficient approach.