Sending emails (as well as SMS and any other electronic communication) is only possible in accordance with the GDPR. Under Article 6, this provides two legal bases: either the customer’s explicit and demonstrable consent (point (a)) or so-called legitimate interest (point (f)).
Legitimate interest, therefore, allows us to communicate with customers in certain cases even without their explicit consent. The specifics of what this means are regulated by:
a) In the Czech Republic: Act No. 480/2004 Coll., on Certain Information Society Services, specifically Section 7. Such emails (and similar communications) must be labeled as “Obchodní sdělení” (Commercial Communication), the sender’s company must be clearly identified, they can only be sent to customers (existing or potential), and most importantly, there must be a simple and free-of-charge way to unsubscribe.
b) In Slovakia: Act No. 452/2012 Coll., on Electronic Communications, specifically Section 116, where the rules are largely the same as in the Czech Republic.
Therefore, in your email communications, you must include a statement that it is a commercial communication (for Czech customers), your company name, and an unsubscribe option.
Campaigns
Who can you send emails to?
Sending emails (as well as SMS and any other electronic communication) is only possible in accordance with the GDPR. Under Article 6, this provides two legal bases: either the customer's explicit and demonstrable consent…