MaltaProcessing of Personal Data (Electronic Communications Sector) Regulations, Regulation 9, Unsolicited Communications for Direct Marketing
In force.
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Do not use, or cause to be used, a publicly available electronic communications service to send an unsolicited direct marketing communication by an automatic calling machine, a facsimile machine or electronic mail to a subscriber or user, natural or legal person, unless the subscriber or user has given prior consent in writing (regulation 9(1)).
- You may use electronic mail contact details obtained from customers in relation to the sale of a product or service to market your own similar products or services without fresh consent only if customers are given the opportunity to object, free of charge and in an easy and simple manner, when the details are collected and on the occasion of each message where the customer has not initially refused (regulation 9(2)).
- If you use any other means of communication for direct marketing, make sure, at no charge to the subscriber or user, that no such communication is sent once the subscriber or user requests that it cease (regulation 9(3)).
- Do not send direct marketing electronic mail that disguises or conceals the identity of the sender on whose behalf it is made, that contravenes regulation 6 of the Electronic Commerce (General) Regulations, that has no valid address to which the recipient may send a request that the communications cease, or that encourages recipients to visit websites that contravene that regulation (regulation 9(4)).
If you get it wrong
Private right of actionYes
Penalty structure
Regulation 13 makes a person who contravenes the regulations liable to an administrative fine of up to EUR 23,293.73 for each violation and EUR 2,329.37 for each day during which the violation persists, determined and imposed by the Commissioner.
- Rule
- Per violation only
- As of
- Currency
- EUR
- Per violation unit
- Violation
- Per violation amount
- 23293.73
Who enforces it
Enforcement body
The Data Protection Commissioner, who must ensure compliance with the regulations (regulation 12) and determines and imposes the administrative fine (regulation 13).
What this law does
Regulation 9, sub-regulation (1) of the Processing of Personal Data (Electronic Communications Sector) Regulations prohibits using, or causing to be used, a publicly available electronic communications service to make an unsolicited communication for direct marketing by an automatic calling machine, a facsimile machine or electronic mail to a subscriber or user, whether a natural or legal person, unless the subscriber or user has given prior consent in writing.
Regulation 9, sub-regulation (2) lets a person who obtained customers' electronic mail contact details in relation to the sale of a product or service use them for direct marketing of its own similar products or services, if customers are given the opportunity to object, free of charge and in an easy and simple manner, when the details are collected and on each message where the customer has not initially refused.
Regulation 9, sub-regulation (3) requires a person who uses any other means of communication for direct marketing to ensure, at no charge to the subscriber or user, that such communications are not sent if the subscriber or user requests that they cease.
Regulation 9, sub-regulation (4) prohibits direct marketing electronic mail that disguises or conceals the identity of the sender on whose behalf it is made, that contravenes regulation 6 of the Electronic Commerce (General) Regulations, that has no valid address to which the recipient may send a request that the communications cease, or that encourages recipients to visit websites that contravene that regulation.
Regulation 11 entitles a person who suffers loss or damage because of a contravention of the regulations to take action before the competent court seeking compensation. Regulation 12 requires the Commissioner to ensure compliance with the regulations. Regulation 13 makes a person who contravenes the regulations liable to an administrative fine of up to EUR 23,293.73 for each violation and EUR 2,329.37 for each day the violation persists, determined and imposed by the Commissioner.
When LexLint raises it
When your app profile says your app sends automated outreach.