Electronic marketing is not governed by the DP Law. Nevertheless, this law does govern protection of personal data used in direct marketing. In that regard, the law requires that data subjects have to be provided with a possibility to object to the processing of their personal data for direct marketing purposes prior to the commencement of the respective processing. Regarding the use of sensitive personal data in direct marketing, it is explicitly prescribed that a data subject's consent is a requirement for the respective processing.

Although not governed by the DP Law, there are other regulations which govern electronic marketing, including the Law on Electronic Trade ('Official Journal of the Republic of Montenegro', no. 80/04 and 'Official Journal of Montenegro', nos. 41/10, (…), 56/13) ('ET Law'). In this respect, one of the most important rules prescribed by the ET Law is the rule that any sending of unsolicited commercial messages is not allowed unless prior consent of the recipients of the respective marketing is obtained. It is strictly forbidden to send any marketing messages to individuals who have indicated that they do not want to receive such (i.e. opted-out) (and a service provider who sends unsolicited commercial messages is required to establish and maintain a record of individuals who opted-out). A violation of the respective rules is subject to liability, with fines ranging from EUR 500 to EUR 17,000 (for a legal entity) and ranging from EUR 100 to EUR 1,500 (for a responsible person in a legal entity). For particularly serious violations or repeated violations, an order banning or suspending the business activity (lasting from three months to six months) may be imposed on an entity responsible for the respective violations).