Electronic Marketing is regulated under Tunisian Law by The Electronic Exchanges and Electronic Commerce Law n° 2000-83 enacted on August 9, 2000.

This law is quite comprehensive and regulates the main aspects of this field. For instance:

• The preservation of the electronic document is as important as the preservation of the written document; and 
• Each person using an electronic signature device shall:
  
  • Take minimum precautions to avoid illegitimate use of encryption elements or personal signature equipment; and
  • Inform the electronic certification service provider of any fraudulent use of his electronic signature.

For matters concerning personal data that have not been regulated by this law, the general protection regime should be applied.

Concerning the exercise of digital advertising, Law n°2004-63 requires the consent of the person concerned. In this context,  article 30 of the said Law provides that:

“It is prohibited to use the processing of personal data for promotional purposes unless the data subject, his heir or his tutor gives his explicit and specific consent. This consent shall be governed by the general rules of law. The provisions of article 28 of the hereby Act shall apply if the data subject is a child".