united-kingdom gdpr email website
Do marketing emails require consent?
<p>I am getting spammed with marketing emails from Tough Mudder. Their unsubscribe link takes me to a page where I have to either accept the fact they will send me emails or unsubscribe from everything, including important event information that has been paid for.</p>

<p><a href="http://communications.toughmudder.com/marketing/Global_OptOut" rel="noreferrer">http://communications.toughmudder.com/marketing/Global_OptOut</a></p>

<p>That page states "We'll be launching a preference center soon!" however, it has said that for as long as I can remember (over a year). I complained and they replied with "We unfortunately were not able to launch our preference center due to unforeseen circumstances."</p>

<p>I would like to receive important information about events I have paid for and opt out of all marketing emails. Do marketing emails require consent, if so are they breaking the law now that GDPR is active?</p>

<blockquote>
<p>Do marketing emails require consent, if so are they breaking the law now that GDPR is active?</p>
</blockquote>
<p>Yes. See <a href="https://gdpr-info.eu/art-21-gdpr/" rel="nofollow noreferrer">Article 21(2)</a>:</p>
<blockquote>
<ol start="2">
<li>Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.</li>
</ol>
</blockquote>
<p>This is not new, something similar was already put in the <a href="https://en.wikipedia.org/wiki/Privacy_and_Electronic_Communications_Directive_2002" rel="nofollow noreferrer">ePrivacy Directive</a> (<a href="https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058" rel="nofollow noreferrer">2002/58/EC</a>):</p>
<blockquote>
<p>Article 13</p>
<p>Unsolicited communications</p>
<ol>
<li><p>The use of automated calling systems without human intervention (automatic calling machines), facsimile machines (fax) or electronic mail for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.</p>
</li>
<li><p>Notwithstanding paragraph 1, where a natural or legal person obtains from its customers their electronic contact details for electronic mail, in the context of the sale of a product or a service, in accordance with Directive 95/46/EC, the same natural or legal person may use these electronic contact details for direct marketing of its own similar products or services <strong>provided that customers clearly and distinctly are given the opportunity to object</strong>, free of charge and in an easy manner, to such use of electronic contact details when they are collected and on the occasion of each message in case the customer has not initially refused such use.</p>
</li>
</ol>
</blockquote>
<p>In any case, it must be possible to stop this direct marketing, without any effect on other email or services. (See also <a href="https://gdpr-info.eu/recitals/no-43/" rel="nofollow noreferrer">recital 43</a>, regarding freely given consent).</p>
<p>If you want to, you can <a href="https://gdpr-info.eu/art-77-gdpr/" rel="nofollow noreferrer">complain at the supervisory authority</a>, which I believe is the <a href="https://ico.org.uk/" rel="nofollow noreferrer">ICO</a> in the UK, or you can <a href="https://gdpr-info.eu/art-79-gdpr/" rel="nofollow noreferrer">go to a court</a> directly.</p>
