Direct marketing by electronic means to individuals and organisations is regulated by the European Communities (Implementation of Privacy) Directive (Guernsey) Ordinance 2004 ("e-Privacy Ordinance"). 

Following the implementation of the DPL 2017, minor and consequential changes were made to the e-Privacy Ordinance, which is intended to sit alongside the DPL 2017.

In this regard, neither the e-Privacy Ordinance nor the DPL 2017 prohibit the use of personal data for the purposes of electronic marketing provided that individuals have the right to prevent the processing of their personal data (i.e. a right to 'opt out') for direct marketing purposes.

As such, the e-Privacy Ordinance still reflects the e-Privacy Directive and, for example, prohibits the use of automated calling systems without the consent of the recipient. Furthermore, unsolicited emails can only be sent without consent if:

• the contact details have been provided in the course of a sale or negotiations for a sale
• the marketing relates to a similar product or service, and
• the recipient was given a simple method of refusing the use of their contact details when they were collected.

The identity of the sender cannot be concealed in direct marketing communications sent electronically (which is likely to include SMS marketing).

These restrictions only apply in respect of individuals and not where corporations are sent marketing communications.