Electronic marketing in Guinea
Law L/2016/035/AN on electronic transactions in the Republic of Guinea provides that any advertisement, whatever its form, as soon as it is accessible or likely to be accessible by electronic communications, must be clearly identified as an advertisement. It must also allow the identification and identifiability of the natural or legal person on whose behalf it is made.
Advertisements and notably promotional offers, such as discounts, premiums or gifts, as well as competitions or promotional games, sent by electronic mail, must be clearly, precisely and unequivocally identifiable on the subject of the mail as soon as they are received by the addressee or, if technically impossible, in the body of the message.
The conditions for taking advantage of promotional offers, as well as for participating in promotional courses or games, when offered by e-mail, should be clearly specified and easily accessible to the public.
Pursuant to Law on electronic transactions in the Republic of Guinea, direct marketing by sending messages through an automatic calling machine or SMS, fax or e-mail or any other electronic means of communication using, in whatever form, the contact details of a natural person who has not expressly given his or her prior consent to receive direct marketing through these channels or means is prohibited.
However, direct marketing by e-mail, regardless of the means used, is permitted if:
- The contact details of the recipient of the mail have been collected, with full knowledge of the facts, directly from him/her;
- The direct prospecting is addressed to subscribers or customers of a natural or legal person whose details have been collected with their full knowledge of the facts, for similar products and services that it offers them.
