Data Protection in Belarus

Electronic marketing in Belarus

Electronic marketing is subject to the rules established by the Law on Advertising of 10 May 2007 No. 225-Z (Advertising Law) and the Law on Mass Media of 17 July 2008 No. 427-Z (Mass Media Law).

According to the general rule of the Advertising Law it is not allowed to use in advertising names, pseudonyms, images or statements of citizens of the Republic of Belarus without their consent or the consent of their legal representatives.

Distribution of advertisements by telecommunication means (e.g. telephone, telex, facsimile, mobile telephone communications, email) can be performed only with the consent of respective subscriber or addressee. Such consent can be made as a text document, including document in electronic form. The consent also can be a part of an agreement for telecom services. In this case subscriber or addressee must be informed about her / his right to demand stopping placing (distributing) advertisement to her / him, which shall be specifically confirmed by the subscriber (addressee).

The advertisement distributor is obliged to immediately stop advertising to subscriber or addressee upon his / her demand within one work day from receiving the demand.

Individuals whose rights have been violated as a result of creation and / or distribution of an advertisement are entitled to protect their rights in court proceedings.

According to the Mass Media Law, information about person’s personal life or audio, video records and photos of a person can be distributed in mass media as a general rule only with consent of such person or his/her authorised representative. As an exception, distribution in the media of information messages and (or) materials prepared using audio or video recording, filming or photo of an individual without her / his consent is allowed only if measures are taken against the possible identification of this individual by unauthorized persons, and also provided that the dissemination of these information messages or materials does not violate the constitutional rights and freedoms of the individual and is necessary to protect public interests (except to criminal investigations or court proceedings).

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