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ARTICLE · 13 MARCH 2023

Can I Send Marketing E-Mails Without Consent (Opt-In) To Former Customers?

Timelex
Timelex
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On 29 December 2021, a data subject filed a complaint with the Belgian Data Protection Authority (BDPA) due to the receipt of a direct marketing e-mail from a company which he had not been a customer for two years.

BelgiumPrivacy
Bernd Fiten
Bernd Fiten
Geert Somers
Geert Somers

On 29 December 2021, a data subject filed a complaint with the Belgian Data Protection Authority (BDPA) due to the receipt of a direct marketing e-mail from a company which he had not been a customer for two years. Was the company allowed to send direct marketing e-mails to former customers without consent? We explain the situation below based on the applicable legal rules and GBA decision 117/2022 of 26 July 2022.

COMPLAINT AGAINST THE RECEIPT OF MARKETING EMAILS

What had happened? A company sent a marketing e-mail to an ex-customer regarding a new telecom brand under the responsibility of the same company. But the person concerned had not been a customer of the company for about two years and he was not using the new telecom brand.

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