BulgariaElectronic Communications Act, Article 261, Consent and Opt-out for Direct Marketing Calls, Messages and Electronic Mail
Закон за електронните съобщения (ЗЕС, Zakon za elektronnite saobshtenia), chl. 261
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Obtain the user's prior consent before you make a call, send a message or send electronic mail for direct marketing or advertising, whether or not a person takes part in it, and let the user withdraw that consent at any time (Article 261, paragraph 1).
- You may use contact details you obtained from a user in a commercial transaction for products or services to send marketing about your own similar products or services without fresh consent only if every user can object free of charge and in a simple way, when the transaction is concluded and to later messages (Article 261, paragraph 2).
- Act on every refusal to receive marketing messages (Article 261, paragraph 4).
- Do not send a marketing or advertising message, even with consent, if the sender cannot be identified, the message gives no valid address for sending a refusal, or the message does not meet Article 5, paragraph 3, points 1 to 4 of the Electronic Commerce Act or encourages recipients to visit websites that do not (Article 261, paragraph 5).
What this law does
Article 261, paragraph 1 of the Electronic Communications Act allows calls, messages or electronic mail, with or without human intervention, for direct marketing and advertising only with the user's prior consent. The consent may be withdrawn at any time.
Article 261, paragraph 2 lets any person who obtained a user's electronic contact details in a commercial transaction for products or services use them to send marketing about its own similar products or services, if every user can object free of charge and in a simple way, both when the transaction is concluded and to later messages. Article 261, paragraph 4 requires that person to honor every refusal to receive marketing messages.
Article 261, paragraph 5 prohibits marketing and advertising messages even where paragraphs 1 and 2 are met, if the sender cannot be identified, if the message gives no valid address for sending a refusal, or if the message fails the requirements of Article 5, paragraph 3, points 1 to 4 of the Electronic Commerce Act or encourages recipients to visit websites that fail them. Article 340 sets a fine for a breach of Article 261, paragraph 4.
When LexLint raises it
When your app profile says your app sends automated outreach.