Prohibits the sending of commercial communications by email or other electronic means without the prior consent of the recipient.
Prohibition of commercial communications made through email or equivalent electronic means of communication.
The sending of advertising or promotional communications by email or other equivalent electronic means of communication that had not previously been requested or expressly authorised by the recipients thereof is prohibited.
The provisions of the previous section shall not apply when there is a prior contractual relationship, provided that the provider has legally obtained the contact details of the recipient and used them to send commercial communications regarding products or services of its own company that are similar to those that were initially contracted with the client.
In any case, the provider must offer the recipient the possibility of opposing the processing of their data for promotional purposes through a simple and free procedure, both at the time the data is collected and in each of the commercial communications that it directs.
When the communications have been sent by email, said means must necessarily consist of the inclusion of an email address or other valid electronic address where this right can be exercised, being prohibited the sending of communications that do not include said address.
BORJAMOTOR, S.A. received a complaint from a customer who expressed their objection to the company's processing of their personal data for direct marketing purposes via email. Despite this objection, the customer continued to receive emails with offers from the company, at a reduced frequency. BORJAMOTOR, S.A. was found to have used a deceptive pattern known as "hard to cancel", which made it difficult for customers to cancel their subscription to the company's marketing emails.