LithuaniaElectronic Communications Law, Article 81, Direct Marketing by Electronic Communications Services
81 straipsnis, Lietuvos Respublikos elektroninių ryšių įstatymas Nr. IX-2135
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Obtain the prior consent of the subscriber or registered user of public electronic communications services before you use electronic communications services, including electronic mail, for direct marketing; where the subscriber or registered user is a legal person, consent is not needed but give it a clear, free and easily exercised possibility to refuse further use for direct marketing.NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCT.PO-P3
- If you use the electronic mail contact details of a customer who is a natural person, obtained in providing services or selling goods, to market your own similar goods or services without prior consent, give the customer a clear, free and easily exercised possibility to refuse when the details are collected and, unless the customer objected at first, in every message you send.NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCT.PO-P3
- Do not send electronic mail for direct marketing that conceals the identity of the sender on whose behalf it is sent, that gives no valid address at which the recipient can demand that sending stop, or that encourages recipients to visit websites that do not meet the requirements of the Law on Information Society Services.NIST Privacy FrameworkCM.AW-P1NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text, as of .
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
What this law does
Article 81, paragraph 1 of the Electronic Communications Law allows the use of electronic communications services, including sending electronic mail messages, for direct marketing only with the prior consent of the subscriber or registered user of public electronic communications services.
That consent is not needed where the subscriber or registered user is a legal person, who must instead be given a clear, free and easily exercised possibility to refuse further use of electronic communications services for direct marketing.
Under paragraph 2, a person who obtains electronic mail contact details from a customer who is a natural person in the course of providing services or selling goods may use them to market its own similar goods or services, if the customer is offered a clear, free and easily exercised possibility to refuse at the time of collection and, unless the customer objected at first, in every message sent.
Paragraph 3 prohibits sending electronic mail for direct marketing that conceals the identity of the sender on whose behalf the information is sent, in breach of the requirements of the Law on Information Society Services, that gives no valid address at which the recipient can demand that sending stop, or that encourages recipients to visit websites that do not meet those requirements. Article 81 was amended by Law No. XV-815 of , published on .
Article 14(1) of Law No. XV-815 sets as the date for the Law except its Article 10, which set Article 81 out anew. The register of consolidated texts shows the edition containing that change from .
When LexLint raises it
When your app profile says your app sends automated outreach.