On November 26, 2021, the Court of Justice of the European Union (CJEU) held^[1] that the display of advertising messages in an email inbox, in a form similar to an email, constitutes direct marketing and requires users’ consent under the ePrivacy Directive.^[2]

The CJEU also held that this practice constitutes ‘persistent and unwanted solicitations’ under the Unfair Commercial Practices Directive^[3] when those advertising messages are displayed to users without prior consent, on a frequent and regular basis.
Continue Reading European Court of Justice Finds That “Inbox Advertising” Is Direct Marketing