Duty LXD-4928
Sends commercial email, in Ireland
Each law's tag says when it binds: since in force from a date not yet set not yet in force
S.I. No. 336 of 2011, Unsolicited Communications by Automated Calling Machine, Facsimile Machine or Electronic Mailsince 7 lines
S.I. No. 336 of 2011, reg. 13(1)-(4), (7), (10)-(12) · Read the law's page
- Obtain the recipient's prior consent before sending direct marketing to an individual by automated calling machine, fax, or electronic mail, a term that reaches SMS as well as email.
- You do not need that consent to email a business or official address about the business or official activity it is mainly used for, if the message relates solely to that activity.
- Where the recipient is not a natural person (a company or other organisation), you may send automated-calling, fax, or email marketing unless that recipient has told you it does not consent; for automated-calling and fax marketing, you also may not send it if the recipient's number is recorded on the National Directory Database's opt-out list.
- If an SMS is sent for a purpose other than marketing but includes direct-marketing content, treat it the same as a marketing message and obtain the recipient's prior consent.
- In a marketing call, include your name and, if applicable, the name of the person on whose behalf you call; in an automated-calling or fax communication, include the name, address and telephone number of the sender and, if applicable, of the person on whose behalf it is sent; and in a marketing email, include a valid address at which you can be contacted.
- You do not need fresh consent to market your own similar products or services to an existing customer if you gave them a free, easy opt-out when you collected their details and offer one again in every later message, and the original sale, or your last email marketing use of those details, was within the last 12 months.
- Never disguise or conceal your identity in a marketing email, never omit a valid address the recipient can use to stop future messages, and never encourage recipients to visit websites or otherwise breach Regulation 8 of the Electronic Commerce Regulations 2003, which requires a commercial communication, and the person on whose behalf it is made, to be clearly identified.
Gambling Regulation Act 2024, Advertising by Electronic Communication and on Social Media and Video-Sharing Platforms (Sections 146 and 147)from a date not yet set5 lines
Gambling Regulation Act 2024 (No. 35 of 2024), ss. 146-147 · Read the law's page
- If you hold a gambling licence under the Gambling Regulation Act 2024, do not advertise relevant content, or cause a person to advertise it on your behalf, by electronic communication (including by telephone, text message or e-mail) unless the intended recipient has consented to receiving advertising from you by that electronic communication.
- Provide, in the service, an easily accessible mechanism that lets the recipient stop receiving advertising from you by that electronic communication, and comply with any applicable regulations made under section 144 of the Act.
- A logo, trademark, emblem or marketing image of yours displayed at a sporting event, or details of your sponsorship of a sporting event, that is visible or audible as part of the content shown to the recipient does not breach the consent and opt-out rule.
- The consent and opt-out rule does not apply to advertising by a licensee of a gambling licence for a charitable or philanthropic purpose that includes neither the name or trading name of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee nor its logo, trademark, emblem or marketing image.
- Do not enter into an arrangement with another person to advertise relevant content on a social media service or a video-sharing platform service unless its terms ensure that the advertising is provided only to a recipient who has an account with that person and has subscribed to your account on that service, and in accordance with the applicable regulations.