Businesses

A company that markets its products or services directly to consumers by post, telephone or electronically is responsible for

• targeting marketing at the correct recipient
• not targeting marketing at a recipient who has refused direct marketing

Some consumers find all or certain kinds of direct marketing annoying. Because of that, it is possible to refuse direct marketing. The method of refusal varies depending on the method of direct marketing concerned.

Targeting direct marketing at an individual who does not want to receive marketing mail and/or telephone calls is counterproductive and is certain not to convey a positive image of the company or product being marketed. Persistent and unwanted sales correspondence by e.g. telephone or e-mail is additionally prohibited by a decree.

A company should be prepared to answer consumer inquiries regarding the basis of engaging in direct marketing.

Marketing must be recognisable as such

The commercial purpose of advertising and its factual content may not be ambiguous. The materials pertaining to an offer must be clearly recognisable as advertising.

• The fact that a correspondence contains advertising should be obvious from the envelope, beginning of a phone call or the subject line of an e-mail.
• An advertisement may not, for instance, be disguised to look like a bill.
• Sending cryptic invitations or requests for contact is not considered appropriate.

Children

As they are responsible for the upbringing of their children, parents have the right to decide on the family’s purchases without having their right of educating and raising their children circumvented by direct appeals to minors.

Direct marketing may not be sent to children under 15 years of age without their parents’ consent. This principle may not be circumvented by sending direct marketing addressed to the parents but in a form that appeals to younger age groups.

Also prohibited is advertising that makes direct appeals for purchase to children. This means that advertising may not include expressions such as ”buy”, ”try”, ”you will get”, ”you will experience” and so on. Advertising may also not make appeals that urge minors to persuade their parents or other people to buy the advertised product.

Direct marketing targeted at minors aged 15-17 should also be done with particular restraint.