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Emailing monitored by the CNIL

Emailing and the law in France

The National Commission of Informatics and Liberties (Commission nationale de l’informatique et des libertés) monitors the broadcasting of emails

In France, the National Commission on Informatics and Freedoms is the main authority when it comes to broadcasting legislation by electronic mail addresses. Being the authority of freedoms in the french digital world français , the CNIL has established rules so that the emailing complies with the law.

Collection of addresses: what the CNIL says

In the field of emailing, building an important database is crucial. However, collecting email addresses must be done according to certain rules . Indeed the law does not authorize the sending of emails to addresses retrieved in locations considered public on the internet, that is to say websites, discussion forums and directories. In the case where the customer voluntarily gives his address (example: newsletter, survey), it is imperative that he or she be warned of the possibility of receiving commercial offers.

Law and e-mail prospecting

The law applies to two levels of prospecting through emailings : the client-enterprise context (B to C) and the professional context (B to B). In the first case, the customer may be prospected, but only for products similar to those he might have purchased previously. In the second, the rules are less restrictive and the sending of e-mails is possible without prior authorization, provided certain instructions are observed: the subject of the e-mail must be related to the professional activity of the recipient and the sender must identify him or herself correctly with professional and generic nominative addresses, specifying the identity, the name of the company and the service offered. In any case, the following rule of the CNIL does not change: the prospect must be given the opportunity to unsubscribe by proposing a functional link to this effect.

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