Tuesday 11th December 2018

ePrivacy Proposal

This text is a draft proposal published by the European Council on 4th May, 2018

Chapter 1 (Articles 1 - 4)

General provisions

Chapter 2 (Articles 5 - 11)

Protection of electronic communications of end-users and of the integrity of their terminal equipment

Chapter 3 (Articles 12 - 17)

End-users' rights to control electronic communications

Chapter 4 (Articles 18 - 20)

Independent supervisory authorities and enforcement

Chapter 5 (Articles 21 - 24)

Remedies, liability and penalties

Chapter 6 (Articles 25 - 26)

Delegated Acts and Implementing Acts

Chapter 7 (Articles 27 - 29)

Final provisions

Recitals (1-42)

Select an Article

Select a Recital

Recital 34

Transparency, end-user consent and direct marketing communications

(34) When end-users who are natural persons have provided their consent to receiving direct marketing communications, they should still be able to withdraw their consent at any time in an easy manner and without any cost to them. To facilitate effective enforcement of Union rules on direct marketing communications, it is necessary to prohibit the masking of the identity and the use of false identities, false return addresses or numbers while sending or presenting direct marketing communications. Direct marketing communications should therefore be clearly recognizable as such and should indicate the identity of the legal or the natural person sending the communication or on behalf of whom the communication is sent and provide the necessary information for end-users who are natural persons to exercise their right to withdraw their consent to receiving further direct marketing communications, such as valid contact details (e.g. link, e-mail address) which can be easily used by end-users who are natural persons to withdraw their consent free of charge.