The rules applicable to electronic advertisement and marketing are provided under the Advertisement Code (Decree no. 38/2016, of August 31) and the Electronic Transactions Law (Law no. 3/2017, of January 9).

Under the Electronic Transactions Law, express consent from a recipient is required prior to sending direct marketing communications via automated dialing systems, fax machines and email, unless one of the following applies

• If the sender obtained the contact details of the recipient during the sale or negotiations for the sale of a product or service to the recipient;
• The direct marketing refers to similar products or services to those of the recipient;
• At the moment of initial collection of the data, the recipient was offered the option to refuse of use of his contact details, and decided not to refuse;
• If the recipient did not refuse the use of its data in any subsequent communications.

Under the Advertisement Code, electronic marketing messages should be clearly identified and include sufficient information, so as to allow the common recipient to easily understand all of the following:

• The nature of the message;
• The advertiser;
• The promotional offers, such as discounts, prizes, gifts and promotional contests and games, as well as the conditions to which they are bound (if applicable).

All direct marketing message must provide recipients with information about how to opt out of further marketing communications, as well as the identity details of the source from which the contact details of the consumer have been obtained.