e-mail marketing in pakistan

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e-mail marketing in pakistan

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Date added: 25 September 2024
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Title: e-mail marketing in pakistan


1
  • E-Mail Marketing in Pakistan
  • Commercial prospecting by email
  • May 18, 2009
  • Commercial prospecting by email is possible but
    people must first be informed of it. They must
    also consent in advance if they are individuals
    or be able to object if they are professionals.
  • Print the article
  • E-mail
  • Advertising by email is possible provided that
    people have explicitly given their consent before
    being contacted.
  • Consent must be free, specific, informed and
    unequivocal. To be valid, it requires a positive
    and specific action by the person concerned (for
    example, a dedicated checkbox which is not
    pre-checked). Acceptance of general conditions of
    use cannot be sufficient. The agreement must be
    free.
  • Example of information on a website
  • Two exceptions to this principle
  • If the prospected person is already a customer of
    the company and if the prospecting concerns
    similar products or services provided by the same
    company.
  • As the CNIL recalled in a sanction decision, this
    exception cannot be used when no sale or service
    provision has been made, including when the
    customer has created an online account (for
    example on a online shopping site). Indeed, the
    simple creation of an account does not mean that
    there will be a possible order of products or
    services from the company.
  • If the prospecting is not of a commercial nature
    (charitable for example).
  • In these two cases, prospecting can be based on
    the legitimate interest of the organization. The
    person must, when collecting their email address
  • Be informed that their email address will be used
    for prospecting purposes
  • Be able to object to this use in a simple and
    free manner when the data is collected, and at
    any time, particularly when sending a prospecting
    email.
  • In any case
  • The CNIL recommends that prior consent or the
    right to object be collected via a check box. If
    the use of a pre-checked box is prohibited when
    collecting consent, it is also recommended to use
    a box unchecked by default to allow people to
    object.
  • Furthermore, each electronic message must

2
To go deeper
  • GDPR compliance how to inform people and ensure
    transparency?
  • Transmission of contact details to partners

3
Reference texts
  • Articles L32 of the postal and electronic
    communications code (Definitions and principles
    concerning prospecting) - Légifrance
  • Articles L34-5 of the Postal and Electronic
    Communications Code (protection of the privacy of
    users of electronic communications networks and
    services) - Légifrance
  • Article 4.11 of the General Data Protection
    Regulation (definition of consent)
  • Article 6 of the GDPR (legal bases)
  • Article 7 of the GDPR (conditions applicable to
    consent)
  • Article 21 of the GDPR (right to object)
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