The GDPR 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 most plausible legal bases for electronic marketing will be consent, or the legitimate interests of the controller (which is expressly referenced as an appropriate basis by Recital 47 GDPR). Where consent is relied upon, the strict standards for consent under the GDPR are to be noted, and marketing consent forms will invariably need to incorporate clearly worded opt-in mechanisms (such as the ticking of an unticked consent box, or the signing of a statement, and not merely the acceptance of terms and conditions, or consent implied from conduct, such as visiting a website).

Data subjects have an unconditional right to object to (and therefore prevent) any form of direct marketing (including electronic marketing) at any time (Article 21(3) GDPR).

Specific rules on electronic marketing (including circumstances in which consent must be obtained) are to be found in Directive 2002/58/EC (ePrivacy Directive), as transposed into the local laws of each Member State. The ePrivacy Directive is to be replaced by a Regulation. However, it is currently uncertain when this is going to happen, as the European Commission has discarded its draft of the ePrivacy Regulation after disagreements by the Member States in the Council of the European Union. In the meantime, GDPR Article 94 makes it clear that references to the repealed Directive 95/46/EC will be replaced with references to the GDPR.

As such, references to the Directive 95/46/EC standard for consent in the ePrivacy Directive will be replaced with the GDPR standard for consent.

Direct marketing by means of electronic communications is regulated by the Consumer Protection Act (Zakon o varstvu potrošnikov, Official Gazette 130/22), the Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu, Official Gazette 96/09 as amended from time to time and in force), the Electronic Communications Act (Zakon o elektronskih komunikacijah, Official Gazette no. 130/22) and ZVOP-2.

The consent of an individual is required for the purposes of electronic marketing. Direct marketing is allowed where the "similar service / product" exemption applies, however customers must be given clear and distinct opportunity to refuse the use of their electronic mail address at the time of the collection of these contact details, and on the occasion of every message in the event that the customer has not initially refused such use. Additionally, the sending of electronic mail for the purposes of direct marketing, which disguises or conceals the identity of the sender, or is sent without a valid address, is prohibited.