EU ePrivacy Directive (2002/58/EC)
ePrivacy - Unsolicited Communications (Article 13)

EU ePrivacy Directive (2002/58/EC) ePD-Art.13: Unsolicited communications (Article 13)

Article 13(1) prohibits the use of automated calling and communication systems without human intervention (automated calling machines), facsimile machines (fax) or electronic mail (email, SMS) for the purposes of direct marketing without the prior consent of the subscriber or user, save for the soft-opt-in in Article 13(2). Article 13(2) permits a natural or legal person to use electronic contact details for direct marketing of its own similar products / services provided that customers clearly and distinctly are given the opportunity to object, free of charge and in an easy manner, both at the time of collection and on each subsequent message. Article 13(4) prohibits the practice of sending email for direct marketing purposes disguising or concealing the identity of the sender on whose behalf the communication is made, or in contravention of Article 6 of Directive 2000/31/EC, or without a valid address to which the recipient may send a request to cease such communications, or which encourages recipients to visit websites that contravene that Article. Article 13(5) extends the protection of Article 13 also to subscribers who are legal persons, with national-law flexibility.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

What else in your programme already covers this

This control maps to 6 controls across 3 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • s16-1 s 16(1) Send commercial electronic messages only with the recipient's consent
  • s17 s 17(1) Identify the authoriser and give accurate contact details valid for 30 days
  • sch2-c2 Sch 2 cl 2 Hold express or reasonably inferred consent for each recipient

GDPR · 2 controls

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

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The graph holds this control, the 6 it maps to, and the evidence behind each claim, over MCP and REST.