| ID | 1.5.10 |
| Title | Conditions for the lawfulness of commercial communication. |
| Expert | Serge Gutwirth (VUB) Fabienne Brison (VUB) Anna Moscibroda (VUB) |
| Priority | mandatory |
| Description | Commercial communication is the communication designed to promote the goods, services, or image of the company, organisation, or a person pursuing a commercial, industrial or craft activity or exercising a regulated profession. The commercial communication must comply with a number of conditions: - Commercial communication shall be clearly identifiable as such; the natural or legal person on behalf of whom the communication is taking place must be clearly identifiable; - any promotional offers or/and promotional competitions or games, where permitted, must be clearly identifiable as such, and the conditions of the promotion/competition or game must be easily accessible and be presented clearly and unambiguously. Unsolicited commercial communication, if permitted under the national laws of the Member States, must comply with additional requirements: - Unsolicited commercial communication by electronic mail shall be identifiable clearly and unambiguously as such as soon as it's is received by the recipient. - Service providers undertaking the unsolicited commercial communication by electronic mail must regularly consult the op-out registers in which natural persons not wishing to receive such communications can register. Generally, automated calling systems without human intervention and facsimile machines may only be used with the prior consent of the user/subscriber. In case of other means of distant communication (allowing individual communication) the clear objection of the consumer must be respected. Additionally, electronic mail may be used for the purpose of the direct marketing with the prior consent of the user/subscriber (certain exceptions are foreseen). In other cases the national laws of the Member Sates determine whether the unsolicited commercial communications for the purpose of the direct marketing are allowed after prior consent, or with no objection from subscribers (opt-out or opt-in). Additional requirements (regarding marketing and advertising) may stream from specific provisions of e-commerce and e-privacy law, consumer protection law or law on unfair commercial practices. National laws of the Member States which implement the provisions of the directives mentioned above must be consulted to determine the precise scope of rights and obligations. |
| Rationale | Relevant to assess the lawfulness of operation o SPICE |
| Type | non-functional |
| Depends on | 1.5.0 - General Legal requirement-completeness and comprehensiveness of regulatory requirement is impossible. |
| Child dependencies | 3.2.3 - Dynamic Desktop context-aware service push 4.2.2 - Gathering, Aggregation and Interpretation from Multiple Distributed Context Sources, derivation of knowledge 4.3.4 - Message Push and pro-activeness 8.1.2 - Limited push-behaviour of Spice |
| Environment | |
| Other_info | |
| Category | regulatory |
| Subcategory | Commercial communication; |
| Subcategory2 | Conditions |
| Scenario_scene | unified.scene8 unified.scene11 |
| SPICE_value | |
| Demo | |
| Keywords | commercial communications;unsolicited communication;SPAM |
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