European Union: Court of Justice of European Union clarified legal basis for newsletter marketing under ePrivacy Directive and General Data Protection Regulation

On 13 November 2025, the Court of Justice of the European Union clarified the applicability of the ePrivacy Directive and the General Data Protection Regulation (GDPR) to electronic newsletters. The Court held that when a user creates a free account to access limited content and receive a daily newsletter with the option to upgrade to paid services, the user’s email address is collected “in the context of the sale of a service” under Article 13(2) of the ePrivacy Directive. This allows firms to reuse the email address for marketing similar products, provided a clear, free, and simple opt-out is offered at the time of collection and in every message. The Court also found that such newsletters qualify as direct marketing for similar products or services, even if they are mainly editorial or informational, because they promote the publisher’s paid offerings. The Court further confirmed that when these communications comply with Article 13(2), including the opt-out requirements, the conditions for lawful processing in Article 6(1) GDPR do not apply.