Country Law of Reference Informed Consent Business Email Address “Generic” address “Soft” Opt‑in Compulsory Unsub Link
Austria § 107 of the new Telecom-Law 2003 (TKG 2003). Yes Opt-in is required if:
-the email is sent for purposes of direct marketing, or
-the email was sent to more than 50 recipients.
Opt-in not required Yes Yes
Belgium Chapter IV, art. 13 to 15 of 11 March 2003 Law on certain legal aspects of information society services Yes Opt-in required in all cases ‘Opt-in principle’ applies Opt-in not required Yes Yes
Denmark Section 6(1) of the 2000 and the 2005 Marketing Practises Act. Yes Opt-in required in all cases Opt-in required Yes Yes
Finland the Code for Information Society and Communications Services (917/2014, ‘Information Society Code’) which entered into force on 1 January 2015 Yes Opt-in is generally required but IF the product or service advertised is in direct relation to the recipient’s job title, prior consent is NOT required. Opt-in not required Yes Yes
France CNIL’s 2 March 2005 Interpretation of the 1995 European Directive regarding email marketing in a B2B environment. Yes Opt-in is generally required but IF the product or service advertised is in direct relation to the recipient’s job title, prior consent is NOT required. Opt-in not required Yes Yes
Germany § 7. of the “Gesetz gegen den unlauteren Wettbewerb” (Law Against Unfair Competition) Yes Opt-in required in all cases. Messages must also contain an “opt-out from behaviour tracking” facility, to allow respondents to refuse their open/click behaviour to be tracked and recorded. Opt-in required Yes Yes
Ireland Section 13 of the European Communities Regulations 2003 (as amended by the Citizens’ Rights Directive) effective on 1 July 2011. Yes Opt-in is generally required but IF the product or service advertised is in direct relation to the recipient’s job title, prior consent is NOT required. Opt-in not required Yes Yes
Italy Chapter X, section 130 of Legislative Decree no. 196 of 30 June 2003 Yes Opt-in required in all cases Opt-in required Yes Yes
Netherlands Article 11.7 of the Dutch Telecommunication Act Yes Opt-in required except if the personalised business email address is available publicly on the Internet (in social media for example). In these cases, prior consent is NOT required. Opt-in required Yes Yes
Norway Section 15 of the Marketing Control Act Yes Opt-in required in all cases Opt-in required Yes Yes
Spain General Telecom Law 32/2003 on Electronic Communications Act, amending the 2002 Law on Electronic Commerce and Services of the Information Society (March 2012) Yes Opt-in required in all cases Opt-in required Yes Yes
Sweden The 15 June 2008 Swedish Marketing Act & The Personal Data Act 1998:204 Yes Opt-in is generally required but IF the product or service advertised is in direct relation to the recipient’s job title, prior consent is NOT required. Opt-in not required Yes Yes
Switzerland New Federal Telecommunication Law of April 1st 2007 – UCA act Yes Opt-in required in all cases Opt-in required Yes Yes
United Kingdom December 2003 Privacy and Electronic Communications Regulations Yes Opt-in NOT required Opt-in not required Yes Yes

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