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On 30 January 2020, the German Bundesgerichtshof has made a request for a preliminary ruling from the Court of Justice of the European Union (CJEU) 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 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. At issue is whether these messages can be classified as impermissible electronic communications which require prior user consent.
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