Soft opt-in (details not available to public)

‘Soft opt-in’ implies your consent to receive marketing communication about similar products or services already ordered from a company. While an active opt-in (eg ticking the ‘yes’ box) remains the standard for direct marketing in electronic form, Article 13(2) of the ePrivacy Directive allows for an exemption to that rule in a form of the ‘soft opt-in’ where three conditions are met. First, customers’ email addresses must be obtained ‘in the context of the sale or purchase of a product or a service’. Secondly, only the organisation that initially collected the email address can benefit from the ‘soft op-in’ solution, and it can only use the email to advertise its ‘own’, ‘similar’ products or services. Third, a company can only rely on Article 13(2) of the ePrivacy Directive provided that end-users ‘are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use’. noyb is currently examining the cases of abuse of the ‘soft opt-in’ solution and will file complaints as soon as all the findings are ready.

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