Information Society Code (Laki sähköisen viestinnän palveluista), Sections 200, 202 and 203, Consent, Opt-out and Identification for Direct Marketing

Section 200, paragraph 1 of the Information Society Code allows direct marketing by automated calling systems, fax machines, e-mail, text messages, voice messages, sound messages or image messages to be directed only at natural persons who have consented to it in advance. Section 200 allows direct marketing to a natural person by other means unless the person has expressly prohibited it, and requires that a natural person can prohibit it easily and free of charge.

Section 200 lets a service provider or seller that obtained a customer's contact details for e-mail, text, voice, sound or image messages in the sale of a product or service use them to market its own products and services of the same product group or otherwise corresponding, if the customer can prohibit that use easily and without separate charge when the details are collected and with every message, and is clearly told of that possibility.

Section 202 allows direct marketing to a community unless it has expressly prohibited it, requires that the community can easily and without separate charge prohibit the use of its contact details with every marketing e-mail, text, voice, sound or image message, and requires the sender to tell it clearly of that possibility.

Section 203 requires an e-mail, text, voice, sound or image message intended for direct marketing under sections 200 and 202 to be clearly and unambiguously recognizable as marketing when received, and prohibits sending one that conceals the identity of the sender on whose behalf it is sent, has no valid address for a request to stop the communication, or tries to steer recipients to websites that breach Chapter 2 of the Consumer Protection Act.

Section 305 gives the Data Protection Ombudsman the task of supervising compliance with sections 200 and 202 to 204. Section 349 punishes a person who intentionally engages in direct marketing in breach of sections 200 to 203 with a fine, unless a more severe penalty is provided elsewhere, and imposes no penalty for a minor breach.

Section 335 a refers the penalty payment for a breach of sections 200 and 201 and of section 203, paragraph 2 to the Act on certain powers of the consumer protection authorities (566/2020).