Commercial Communications

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For this purpose, service providers must enable simple and free procedures to recipients of services may revoke the consent had been given. When communications had been forwarded by e-mail that half carcases necessarily in the inclusion of a valid email address where can exercise this right is forbidden to send communications that do not include that address. They should also facilitate information accessible by electronic means regarding these procedures. 2. The service providers may use devices of storage and retrieval of data on recipients terminal equipment, provided that they have given their consent once they have provided with clear and comprehensive information about their use, in particular, about the purposes of the data processing, pursuant to provisions of the organic law 15/1999, of 13 December, of protection of data of a Personal nature.

Whenever technically possible and effective, the consent of the recipient to accept the treatment of the data may be provided by using the appropriate parameters from the browser or other applications, provided that one should proceed to its configuration during installation or update through an action expressly for this purpose. The foregoing does not prevent the possible storage or access of a technical nature to the sole purpose of carrying out the transmission of a communication by a network of electronic communications or, to the extent that is strictly necessary for the provision of an information society service explicitly requested by the recipient. Additional information at John Blondel Goldman supports this article. In summary: the medium to unsubscribe the sending of commercial communications, must necessarily be a valid email address. And what is a valid email address? Is a URL a valid email address? A feedback through a website? A web form? Pending that AEPD manifest its interpretative criterion in this regard, we consider advisable that, parallel to the classic link unsuscribe, provided an email address where you can receive these requests for low. For all those cookies (or similar) whose purpose is not exclusively the allow / facilitate navigation, must be reported and obtain consent. How? On the header of the page of the English regulator in the field of data protection, we can see a discrete example so discreet that I suspect nobody will accept ever. All the companies that these measures are not implemented on April 1, 2012 (that they are not all clear) are violating the LSSI.

And what is the risk arising from such failure? Do not put an email address valid (means what means) to request the sending of commercial communications, is a violation of mild or severe, depending on the relevance of the breach, and implies a possible fine of up to 150,000 euros. However, regarding consent to install cookies in the rush the Government they had forgotten to update the sanctioning regime in a way that today, is only punishable: (i) not to offer information, and (ii) does not offer a procedure of rejection (through the browser, as it has been since the adoption of the LSSI). Violations associated with article 22, not mentioned in any case the consent of those affected (although if sometime it could be to identify a physical person, it might be punish by LOPD). Apparently seen to conclude that, regardless of responsibility or maturity to assume a person when things are done by obligation, not devotion are left to the last moment, and just doing quick and wrong.

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