COMMERCIAL COMMUNICATIONS

ADVERTISING COMMUNICATIONS BY ELECTRONIC MEANS

The sending of commercial communications or advertising through electronic communication, including messages sent by email, SMS, MMS or other equivalent systems, is regulated by Law 34/2002, of July 11, on Society Services. of Information and Electronic Commerce, in its article 21.1. Therefore, it will be necessary to obtain the prior and express consent of the interested party to send commercial communications, without distinction between natural and legal persons.

The recipient must be provided with an easy and free method to exercise the right to object. Likewise, it should be noted that the sending of commercial communications to those natural or legal persons from whom the data has been obtained from sources accessible to the public, or through the acquisition of a list, must take into account the prohibition established in article 21.1 of the aforementioned Law and, as a consequence, the prior and express consent of the recipients will be necessary.

Once the data collection has been completed through the corresponding form, and if the data is processed to send commercial communications or advertising through electronic communication, you must take into account the following observations:

  • When you send advertising you must identify the content of the message, in this way the recipient can discard the message without having to read its content.
  • The character of what we send must be clearly identifiable.
  • A simple and free system must also be offered so that the recipient can revoke their consent.
  • In the event that the recipient's data has been obtained from publicly accessible sources, you must also inform the recipient in each communication you make of the origin of the data.
  • When sending electronic communications to several recipients at the same time, you must bear in mind that said action must be done with blind copy (BCC).
  • In each communication, you must provide the user with a means or channel to revoke consent.