Analysis: “Inbox advertising and the fundamental right to privacy in the European Union” by Laura Drechsler

On 25 November 2021, the Court of Justice had the opportunity to decide on the compatibility of ‘inbox advertising’ with the e-Privacy Directive 2002/58 (EPD) and the unfair commercial practices Directive 2005/29 (UCP) in case StWL Städtische Werke Lauf a.d. Pegnitz (C-102/20). Inbox advertising describes the practice of advertisements being shown directly in the e-mail inbox of a user. In the case at hand, it had been used  to place advertisements on the accounts of users of an e-mail service financed by advertisements (see for details this News Alert). The Court of Justice clarified two important aspects for inbox advertising in its judgment. First, whether such inbox advertising is compatible with the fundamental right to privacy (Art