France:
Conseil d'Etat Clarifies Individual Consent For Receiving Marketing Emails
11 September 2015
Jones Day
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On March 11, the Conseil d'Etat (France's
highest administrative jurisdiction) clarified the characteristics (source document
in French) of the individual consent for receiving unsolicited
electronic marketing materials. The Conseil d'Etat
decided that mere acceptance of the terms of use of software cannot
satisfy the specific consent requirement provided by article
L. 34 5 of the Posts and Electronic Communications Code.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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