Email marketing [2010] IEDPC 4 (2010)

Email marketing [2010] IEDPC 4 (2010)

Company X committed offences by sending marketing emails to individuals who had requested not to receive them, in violation of SI 535 of 2003. Technical errors did not absolve the company of liability.

Citation
[2010] IEDPC 4
Parties
Prosecutor: Data Protection Commission; Defendant: Company X
Jurisdiction
Ireland
Procedural Posture
Prosecution / Trial and Sentencing
Outcome
conviction and penalties imposed
Legal Topics
Unsolicited Communications, Email Marketing, Unsubscribe Rights, Enforcement of Data Protection, Electronic Communications
Data Protection Privacy Law Consumer Protection Unsolicited Communications Email Marketing Unsubscribe Rights Enforcement of Data Protection Electronic Communications

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Parties

Data Protection Commission

Prosecutor

Company X

Defendant

Procedural Posture

Prosecution / Trial and Sentencing

Legal Issues

  1. 1 Whether Company X unlawfully sent marketing emails to individuals who had opted out
  2. 2 Whether Company X failed to comply with unsubscribe requests in breach of SI 535 of 2003

Ratio Decidendi

Company X committed offences by sending marketing emails to individuals who had requested not to receive them, in violation of SI 535 of 2003. Technical errors did not absolve the company of liability.

Court Disposition

conviction and penalties imposed

Orders

  • Conviction recorded on two charges
  • Two further charges taken into consideration