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Law and emailing in France

The diffusion of commercial messages within the framework of the law in France

French law pays particular attention to commercial prospecting and the protection of privacy. The main provisions of  the law  also apply to professional emailing and closely frame the sending of unsolicited messages, which requires the prior agreement or information of the recipient. They also include mandatory notions about the identification of the issuer and how to unsubscribe. For their part, collection and manipulation of contact files require a declaration to the guarantor in France of the digital rights, the CNIL.

The emailing submitted to the consent of the recipients

In France, commercial emailing differs from spam by an  opt-in approach , based on the free, fair and informed collection of the consent of the recipients. The pre-collection boxes are banned, whereas the details of opposition must be specified in detail. The only exceptions to this principle relate to canvassing within the framework of a customer relationship, provided that the goods and services offered are identical to the previous purchases and the solicitations related to the professional functions exercised by the recipients.

Mandatory rules in French law

Beyond this collection of consent, several  other rules  focus on the organization of commercial emailing. The sender must thus declare the French contacts files collected to the CNIL and always mention his or her complete identity in the messages. They will also have a simple opt-out mechanism, in the form of a functional unsubscribe link.

In order to have the most up-to-date sources of information on these topics, issuers are advised to inquire with their emailing campaign providers, such as Mailpro, prior to any mailing.

Emailing and the law: a case that the CNIL takes very seriously

The National Commission for Informatics and Civil Liberties (La Commission Nationale de l’Informatique et des Libertés), otherwise known as the  CNIL , Is a national organization that ensures respect for the privacy of French Internet users.

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