Ch 16.3 - Postal marketing
Postal marketing
Postal marketing is not digital, so the ePrivacy Directive does not apply - only the GDPR. There is no express GDPR requirement to obtain consent for postal marketing, so controllers usually rely on legitimate interests after a balancing test. Some member states (Belgium, Greece, Spain) nonetheless mandate consent in national law, and some (Austria, Denmark, the Netherlands) require cleansing national opt-out registers first.
- Factors favouring legitimate interests: the person is an existing customer (so expects marketing); the products are ones they'd expect to be marketed; the controller has NOT previously told them it won't market.
- If legitimate interests can't be relied on, consent will normally be needed.
- Some states require cleansing national opt-out registers before sending post (e.g. Austria, Denmark, Netherlands), unless a valid opt-in exists.
Key terms - quick answers
What is “Balancing exercise”?
Weighing the controller's legitimate interests against the individual's rights and freedoms, to decide whether legitimate interests can support postal marketing.
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.