The personal data Act will apply to most electronic marketing activities, as these will involve some use of personal data (e.g. an email address which includes the recipient's name). 

The general rule for electronic marketing is that it requires the express consent of the recipient (see Article 49 of law No. 045-2009/AN of November 10, 2009 regulating electronic services and transactions in Burkina Faso and Article 14 of the personal data Act). 

Even when a marketer has the consent of a data subject, that consent can be withdrawn by the data subject under Article 20 of the Personal Data Act.

The data subject has the right to object at any time to the use of his / her personal data for such marketing. 

This right to object must be explicitly brought to the attention of the data controller. 

However, the data controller may not respond favourably to a request to exercise the right to object if it demonstrates the existence of legitimate reasons justifying the processing, which override the interests, fundamental rights and freedoms of the data subject.