Unsolicited E-mail Marketing Campaigns Must Provide For Opt-out And Be Clearly Recognizable As Advertising

This summary discusses the rules governing the dispatch of unsolicited commercial e-mails in Belgium. The summary describes the relevant provisions of the Belgian Data Protection Act of December 8, 1992 as amended by the law of December 11, 1998 (the “DPA”) and the Belgian Trade Practices and Consumer Protection Act of July 14, 1991 (“TPCP Act”).

The following questions have been addressed in this article:

Is the consent of the addressee of unsolicited e-mails required?
What are the rights of the addressee of unsolicited e-mails?
What specific information must be given to the addressee of unsolicited e-mails?
Is a change of the current opt-out system envisaged?
What other requirements are there for direct e-mail marketing?

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