| 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 |