Data Protection in Gabon

Electronic marketing in Gabon

The personal data Act 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 general rule for electronic marketing is that it requires the express consent of the recipient (see Article 37 of Law No. 025/2021 of 28/12/2021 regulating electronic transactions in the Gabonese Republic).

Even when a marketer has the consent of a data subject, that consent can be withdrawn by the data subject under Article73of the Personal Data Act.

The data subject has the right to object at any time to the use of his / her personal data for such marketing under Article 60 of the Personal Data Act.

This right to object must be explicitly brought to the attention of the data controller.

However, in accordance with article 60 of the aforementioned law, the data controller may not respond favorably to a request to exercise the right to object if it demonstrates the existence of legitimate reasons justifying the processing, which override the interests, fundamental rights and freedoms of the data subject.

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