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When is direct marketing 'fair' in the EU?

Robert Bond ( is Partner & Notary Public at Bristows LLP in London, UK.

Under the European Union (EU) General Data Protection Regulation (GDPR),[1] you must process personal data in a fair manner, which means that you must not send direct marketing to individuals who are unlikely to expect it or where it is misleading or detrimental to the rights of the individual. This seems easy to interpret, but it isn’t! Not only does the GDPR apply, but so does the ePrivacy Directive[2] and its interpretation in each EU member state. My comments below are a general overview.

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