How Portuguese Portuguese law defines and regulates direct marketing primarily through. The Código do Comércio Telemático (CTE-T – Electronic Commerce Code), which transposes the ePrivacy. Directive (now the DMA and ePrivacy Regulation proposals influencing updates) into national law. Direct marketing is broadly understood as any form of advertising or commercial communication sent directly to a recipient, typically for commercial or promotional purposes.
The law distinguishes between communication
To individuals (consumers) and companies (professionals), applying different consent thresholds.
For individuals, the default rule is explicit consent. You generally ne a clear affirmative action (opt-in) from the individual before you can portugal phone number list communicate with them via specific channels:
- Telephone (voice calls): Requires explicit consent for both calls with human contact and automat calls. Telemarketing lists must demonstrate this consent.
- SMS/MMS: Explicit consent is ne before sending marketing text messages.
- Email: Explicit consent is requir for email marketing.
- Other electronic means: Consent is ne for marketing via any other electronic channel, especially those characteristic of a private nature (like messaging apps).
For companies (professionals)
The requirement is less strict. While consent is always a valid legal basis, Portuguese law often allows communication via certain channels if the communication is relevant to their professional activity, functions, or responsibilities. For faxes and automat calling systems (without human intervention) to businesses, the law traditionally permitt sending such communications without prior consent, provid the content was relevant strategies for improving response rates in phone number campaigns to the business. However, this area is evolving with new EU regulations, and relying solely on this basis requires caution. Explicit consent (opt-in) remains the safest and most recommend approach for all channels, including businesses.
Crucially, the law mandates that
Every direct marketing communication must clearly identify the sender and include simple, free-of-charge means for the recipient to object (unsubscribe) to future communications via the same or different means. This opt-out mechanism must be honor immiately.
In essence, Portuguese law frames direct marketing fax database around the ne for respect for privacy, requiring clear consent (especially for individuals) and providing individuals and businesses with control over the communications they receive. Compliance is mandatory under penalties.