CyprusElectronic Communications and Postal Services Regulation Law, Article 106, Unsolicited Calls, Fax and Electronic Mail for Direct Commercial Promotion
Law 112(I)/2004, art. 106(1)-(6)
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Obtain a subscriber's or user's consent in advance before you use an automated calling or communication system without human intervention, a fax machine or electronic mail for direct commercial promotion. The rule protects subscribers who are natural persons (Article 106, paragraphs 1 and 5).
- You may use customers' electronic mail contact details, obtained in the sale of a product or service in line with Regulation (EU) 2016/679, for direct promotion of your own similar products or services without fresh consent only if the customers have a clear and distinct opportunity to object, free of charge and easily, to that use when the details are collected and with every message where the user did not initially object (Article 106, paragraph 2).
- Do not send electronic mail for direct commercial promotion that conceals the identity of the sender or of the person on whose behalf it is sent, that has no valid address to which the recipient can request that the communication stop, or that encourages recipients to visit websites that breach Article 9 of the Law on Certain Aspects of Information Society Services and Electronic Commerce (Article 106, paragraph 4).
If you get it wrong
Private right of actionYes
Penalty structure
Article 107B, paragraph 1 lets the Commissioner for Personal Data Protection impose an administrative fine of up to EUR 200,000 for a breach of the provisions of that Part of the Law.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 200,000
Who enforces it
Enforcement body
The Commissioner for Personal Data Protection (Επίτροπος Προστασίας Δεδομένων Προσωπικού Χαρακτήρα), who has competence over possible breaches of Articles 99, 100, 101, 105 and 106 (Article 107, paragraph 2), and the Commissioner of Electronic Communications and Postal Regulation, who may order a breach of that Part of the Law to stop and impose the sanctions the Law provides (Article 107, paragraph 1).
What this law does
Article 106, paragraph 1 of Law 112(I)/2004 allows automated calling and communication systems without human intervention, fax machines and electronic mail to be used for direct commercial promotion only for subscribers or users who have given their consent in advance.
Article 106, paragraph 2 lets a person who obtained customers' electronic mail contact details in the sale of a product or service use them for direct promotion of its own similar products or services, if the customers have a clear and distinct opportunity to object, free of charge and easily, to that use when the details are collected and with every message where the user did not initially object.
Article 106, paragraph 4 prohibits electronic mail for direct commercial promotion that conceals the identity of the sender or of the person on whose behalf it is sent, that has no valid address to which the recipient can request that the communication stop, or that encourages recipients to visit websites that breach Article 9 of the Law on Certain Aspects of Information Society Services and Electronic Commerce.
Article 106, paragraph 5 applies paragraphs 1 and 3 to subscribers who are natural persons. Article 106, paragraph 6 lets any natural or legal person affected by a breach of the Article, with a legitimate interest in its ending or prohibition, including electronic communications service providers protecting their legitimate business interests, go to the competent courts.
Article 107, paragraph 2 gives the Commissioner for Personal Data Protection competence over possible breaches of Articles 99, 100, 101, 105 and 106. Article 107B, paragraph 1 lets that Commissioner impose an administrative fine of up to EUR 200,000 for a breach of the provisions of that Part of the Law. Under Article 7 of the Interpretation Law, a Law comes into force on the day of its publication in the Official Gazette unless it provides otherwise.
When LexLint raises it
When your app profile says your app sends automated outreach.