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Trajan Shipley
25th November 2021
Data, Tech & IP Internal Market

Inbox advertising requires prior consent and constitutes spam, Court of Justice rules

The Court of Justice delivered judgment today in StWL Städtische Werke Lauf a.d. Pegnitz (C-102/20), finding that under Article 13(1) of Directive 2002/58, the practice of inbox advertising requires prior consent and that it constitutes a ‘persistent and unwanted solicitation’ or ‘spam’ under point 26 of Annex I to Directive 2005/29.

The case originated in the course of proceedings between two electricity supplying companies and relates to the compatibility with German rules on unfair competition with an ‘inbox-advertising’ practice targeted at the users of the free T-Online email service. Specifically, the practice does not take place by way of the sending by one user of an email service to another, but, rather by ad servers plac


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