GreeceLaw 3471/2006, Article 11(1), (3), (4) and (7), Unsolicited Communications for Direct Marketing
Ν. 3471/2006, άρθρο 11 παρ. 1, 3, 4 και 7
In force.
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Obtain the subscriber's explicit consent beforehand before you use automated calling systems, fax machines or electronic mail, or make any other unsolicited communication by electronic means, for direct commercial promotion of products or services or for advertising of any kind.NIST Privacy FrameworkCT.PO-P1
- If you use electronic mail contact details lawfully obtained in a sale of products or services or another transaction to promote your own similar products or services without prior consent, give the recipient a clear and distinct way to object easily and free of charge when you collect the details and in every message.NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCT.PO-P3
- Do not send electronic mail for direct commercial promotion that omits the clearly stated identity of the sender or of the person for whose benefit it is sent, that has no valid address at which the recipient can ask for the communication to stop, or that encourages recipients to visit websites that breach the Article.NIST Privacy FrameworkCM.AW-P1NIST Privacy FrameworkCT.PO-P3
- Apply these rules to subscribers that are legal persons as well.
These lines are LexLint's reading of the law's text, as of . Also read by: Hellenic Data Protection Authority (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.dpa.gr/el/enimerwtiko/thematikes_enotites/proothisiproiontwn/faq_proothisi
- Guidance body
- Hellenic Data Protection Authority
What this law does
Article 11, paragraph 1 of Law 3471/2006 allows the use of automated calling systems, in particular fax machines or electronic mail, and more generally the making of unsolicited communications by any means of electronic communication, for the purposes of direct commercial promotion of products or services and for advertising of every kind, only if the subscriber has first given explicit consent.
Under paragraph 3, electronic mail contact details lawfully obtained in the context of a sale of products or services or another transaction may be used for direct promotion of the supplier's similar products or services, even without prior consent, provided that the recipient is offered a clear and distinct way to object easily and free of charge when the details are collected and in every message.
Paragraph 4 prohibits sending electronic mail for direct commercial promotion that does not clearly state the identity of the sender or of the person for whose benefit it is sent, that has no valid address at which the recipient can ask for the communication to stop, that breaches Article 5 of Presidential Decree 131/2003, or that encourages recipients to visit websites that breach the obligations of the Article. Paragraph 7 applies these rules also to subscribers that are legal persons. Article 172 of Law 4070/2012 replaced paragraphs 3 and 4.
When LexLint raises it
When your app profile says your app sends automated outreach.