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Recital 32

Definition of direct marketing communications

(32) In this Regulation, direct marketing communications refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end-users using electronic communications services. The provisions on direct marketing communications do not apply to any other form of marketing, e.g. displaying advertising to the general public on a website which is not directed to any specific identified or identifiable end-user and do not require any contact details about the end-user. An identified or identifiable end-user is the user that has logged in with a private account or personal log-in. In addition to the offering of products and services for commercial purposes, Member States may decide that direct marketing communications may include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties. The same applies to messages sent by other non-profit organisations to support the purposes of the organisation.