- Legal rules
- COMMERCIAL PROSPECTING / NEWSLETTER Legal rules Article L34-5 of the French Post and Electronic Communications Code prohibits direct prospecting by means of electronic mail using a natural person’s contact details without their prior consent.
- Moreover, according to Article 4§11 of the GDPR, consent must be given by a declaration or any other clear positive act (opt-in).
- Finally, the GDPR sets out an information obligation in Article 5§1.11. Consequently, O R LINE ART must inform Data Subjects (i) when data is collected directly from them and (ii) at the time of collection of the data. The CNIL states, however, that making all the information available in a single block does not achieve the objective of legibility. It is thus advisable to highlight, under the newsletter registration form, (i) the essential information and (ii) offer simple and immediate access to other information.
We therefore recommend that you include the following under the newsletter registration form:
- A checkbox allowing data subjects to consent to data processing;
- Opts-in and information to be included under the newsletter registration
- I agree to receive the O R FINE ART newsletter by e-mail.
Your personal data are processed by O R FINE ART. The purpose of this processing is to send our newsletter and is based on your consent.
- Content of the Prospective Customer email
Each email sent for Prospective Customer purposes (newsletter) must:
- Specify the identity of the advertiser and ;
- Propose a simple way to oppose the receipt of new solicitations.
We therefore recommend that you include in each e-mail sent:
- Your identity (O R FINE ART) and ;
- A link to unsubscribe from the newsletter.