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Description

Preliminary CJEU ruling in case C-102/20 on automated advertising messages

On 25 November 2021, the Third Chamber of the Court of Justice of the European Union (CJEU) has delivered a preliminary ruling on the status of automated advertising messages in email inboxes under the EU Directive on Privacy and Electronic Communications (Directive 2002/58) and various directives on unfair business-to-consumer commercial practices. The case was referred by the German Bundesgerichtshof on 30 January 2020. The case concerns advertising messages which, while not sent as emails, are directly inserted into the email inboxes of users in a way which makes them resemble normal emails. In its preliminary ruling, the CJEU has found that the advertising messages can be classified as messages for the purpose of direct marketing, and also as unwanted and persistent solicitations, which would not be permitted unless user consent was first obtained.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
online advertising provider
Implementation Level
supranational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2020-01-30
under deliberation

On 30 January 2020, the German Bundesgerichtshof has made a request for a preliminary ruling from t…

2021-11-25
in force

On 25 November 2021, the Third Chamber of the Court of Justice of the European Union (CJEU) has del…