Remedial action taken for customers to unsubscribe from marketing [2007] IEDPC 14

Remedial action taken for customers to unsubscribe from marketing [2007] IEDPC 14

R.'s unsubscribe process was not sufficiently easy for customers, as required by Regulation 13(7) of SI 535 of 2003, due to the complexity of the email address and the requirement for a follow-up confirmation email.

Citation
[2007] IEDPC 14
Parties
Complainant: Data subject; Respondent: R.
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Remedial Action
Outcome
Complaint upheld; remedial action taken
Legal Topics
Email Marketing, Unsubscribe Facility, Opt Out Rights
Data Protection Consumer Protection Email Marketing Unsubscribe Facility Opt Out Rights

Case Brief

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Parties

Data subject

Complainant

R.

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Remedial Action

Legal Issues

  1. 1 Whether R.'s unsubscribe facility complied with Regulation 13(7) of SI 535 of 2003
  2. 2 Whether customers were provided an easy manner to opt-out from marketing emails

Ratio Decidendi

R.'s unsubscribe process was not sufficiently easy for customers, as required by Regulation 13(7) of SI 535 of 2003, due to the complexity of the email address and the requirement for a follow-up confirmation email.

Court Disposition

Complaint upheld; remedial action taken

Orders

  • R. required to introduce a more user-friendly and easy unsubscribe facility for all recipients of its email marketing communications.
  • R. required to remove the follow-up confirmation email requirement.