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Under what conditions is it allowed to send commercial communications by electronic means in Spain?

The Spanish Law allows commercial communications to be carried out through the use of the Internet or other electronic means, provided that they can be identified as also can be identified the person or company or advertiser on whose behalf those communications are made.

Sending advertising or commercial messages by e-mail is allowed to those users who have previously requested or expressly authorized and to those users with whom there is a prior contractual relationship, in which case the provider may send advertising about products or services similar to those contracted by the client.

In any case, the provider must offer the recipient the possibility of opposing the processing of their data for promotional purposes, both at the time of data collection and in each of the commercial communications addressed to them.

The Law also obliges service providers to enable simple and free procedures so that recipients can revoke the consent they have given, as well as to provide information accessible by electronic means on said procedures.

These rules are also applicable to the sending of advertising messages by other equivalent individual electronic communication means, such as the mobile phone messaging service.

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