The PDPL does not expressly regulate electronic marketing. However, the PDPL does apply to electronic marketing activities if personal data is processed as a result.

If consent is obtained through electronic media, the notice requirements can be met by publishing accessible and identifiable privacy policies with the relevant consent language and mechanism. The PDPL establishes the possibility of obtaining express consent by presenting the option to agree with the privacy policies in clickable ways (eg, by clicking, ticking a box).

Written consent may be provided by other options, including:

• Through an electronic signature
• A written document possible to read or print
• A mechanism or procedure that allows one to identify the subject and to receive his consent through a written text
• A pre-established text as long as it is easily visible, legible and written in simple language

The laws governing electronic signatures are:

• Law N° 27291
• The Digital Certificates and Signatures Law (Law N° 27269)
• Supreme Decree N° 052-2008-PCM

Note that expressing the will in any of the regulated forms does not eliminate the other requirements of consent referring to that consent must be informed, and freely given.

According to the article 58.1 of Consumer Protection Code Law N° 29571, the following commercial activities require prior, informed, express and unequivocal consent to promote products and services:

• Use of call centers
• Use of telephone call systems
• Bulk text messages or
• emails Telemarketing services

As to date, it is permitted to obtain personal information from public sources or by licit means in order to contact the data subjects to get their consent for the aforementioned commercial activities. Notwithstanding the foregoing, whenever the data subject does not grant its consent for commercial activities, it must not be contacted again for those purposes. Furthermore, easily accessible and free mechanisms must be implemented to allow the data subjects to revoke their consent for the commercial purposes.

However, a bill has been proposed, which would modify the aforementioned article 58.1, so that advertising could only be sent to consumers who request to receive such and grant the sender unequivocal, free, informed and express consent to be contacted for marketing purposes. So, a data subject’s information (i.e. telephone numbers and e-mails) could be used for marketing purposes only if the data subject has consented to be contacted by the sender for marketing purposes.