CIPP/E Study Guide
Ch 16.3 - Postal marketing

Postal marketing

Postal marketing is not digital, so the ePrivacy Directive does not apply - only the GDPR. There is no express GDPR requirement to obtain consent for postal marketing, so controllers usually rely on legitimate interests after a balancing test. Some member states (Belgium, Greece, Spain) nonetheless mandate consent in national law, and some (Austria, Denmark, the Netherlands) require cleansing national opt-out registers first.

  • Factors favouring legitimate interests: the person is an existing customer (so expects marketing); the products are ones they'd expect to be marketed; the controller has NOT previously told them it won't market.
  • If legitimate interests can't be relied on, consent will normally be needed.
  • Some states require cleansing national opt-out registers before sending post (e.g. Austria, Denmark, Netherlands), unless a valid opt-in exists.

Key terms - quick answers

What is “Balancing exercise”?
Weighing the controller's legitimate interests against the individual's rights and freedoms, to decide whether legitimate interests can support postal marketing.