Exam CIPP-E topic 1 question 85 discussion

A. A prior opt-in consent for consumers unless they are already customers: This is correct. Under the ePrivacy Directive (Directive 2002/58/EC) and GDPR, prior opt-in consent is required for sending marketing emails to consumers. However, there is an exception known as the "soft opt-in" for existing customers, where consent may not be required if certain conditions are met (e.g., the email is about similar products or services, and the consumer has been given the opportunity to opt out).

Article 21. 2. 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.