§ ePrivacy Directive · Article 13

ePrivacy Directive Article 13: Obligations, Deadlines & Penalties

Directive 2002/58/EC, Article 13 · All obligations · ePrivacy Directive

At a glance

Article 13 of the ePrivacy Directive imposes 6 obligations on Member States, facsimile machines, natural or legal person and 3 other entity type(s).

§ Obligations

All obligations under Article 13

Obligation 1

Providers of automated calling systems, facsimile machines, or electronic mail for direct marketing must only use these services in respect of subscribers who have given their prior consent. Directive 2002/58/EC, Article 13, Article 13

Obligated entity: provider of automated calling systems, facsimile machines, or electronic mail
Action required: obtain consent
Deadline: —
Penalty: —

Obligation 2

Natural or legal persons obtaining electronic contact details from customers in the context of a sale may use them for direct marketing of similar products only if customers are given a clear, distinct, free, and easy opportunity to object at the time of collection and with each message. Directive 2002/58/EC, Article 13, Article 13

Obligated entity: natural or legal person
Action required: provide opt-out opportunity
Deadline: —
Penalty: —

Obligation 3

Member States must take appropriate measures to ensure that unsolicited communications for direct marketing are not allowed without subscriber consent or for subscribers who do not wish to receive them, free of charge. Directive 2002/58/EC, Article 13, Article 13

Obligated entity: Member States
Action required: ensure prohibition
Deadline: —
Penalty: —

Obligation 4

Senders of electronic mail for direct marketing must not disguise or conceal the identity of the sender on whose behalf the communication is made. Directive 2002/58/EC, Article 13, Article 13

Obligated entity: sender of electronic mail
Action required: disclose identity
Deadline: —
Penalty: —

Obligation 5

Senders of electronic mail for direct marketing must include a valid address to which the recipient may send a request that such communications cease. Directive 2002/58/EC, Article 13, Article 13

Obligated entity: sender of electronic mail
Action required: provide valid address
Deadline: —
Penalty: —

Obligation 6

Member States must ensure that the legitimate interests of subscribers other than natural persons regarding unsolicited communications are sufficiently protected. Directive 2002/58/EC, Article 13, Article 13

Obligated entity: Member States
Action required: ensure protection
Deadline: —
Penalty: —

§ Frequently asked

Questions about Article 13

Who must comply with Article 13 of the ePrivacy Directive? +

Member States, facsimile machines, natural or legal person, or electronic mail, provider of automated calling systems, sender of electronic mail.

What does Article 13 of the ePrivacy Directive require? +

obtain consent provide opt-out opportunity ensure prohibition

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