- The law
- ePrivacy Regulations (S.I. No. 336 of 2011) regulation 13; GDPR article 21
- Who enforces it
- Data Protection Commission (DPC)
- Penalties
- A criminal offence for each email: up to €5,000 per email on summary conviction, or up to €250,000 (companies) or €50,000 (individuals) on indictment
What it means for your email
- Every marketing email must have a valid address where the recipient can ask you to stop.
- The DPC says a valid means of opting out must be included in every message, and that many organisations use an unsubscribe link.
- For existing customers, the chance to object must be clear, easy and free of charge, at collection and in every message.
- The DPC says sending marketing to a person who objects is a criminal offence.
- Neither the law nor the DPC sets a number of days to act on an opt-out. Stop promptly: any marketing email sent after an objection risks an offence.
Do
- Put a working unsubscribe link in every marketing email and test it before sign-off.
- Add people who object to a suppression list and apply it across every list and tool.
- Make withdrawing consent as easy as giving it, as the DPC says GDPR requires.
- Name the sender clearly so people know who to ask.
Don't
- Don't charge for opting out.
- Don't make people log in or create an account to unsubscribe: it makes leaving harder than signing up.
- Don't keep emailing a company that has told you it does not consent.
- Don't disguise or conceal who the email is sent on behalf of.
Good to know
- Under GDPR article 21, people can object to direct marketing at any time, and their data must then no longer be used for it.
- Sender identification is a separate rule: a marketing email must not disguise or conceal the identity of the sender it was sent on behalf of.
Sources
- S.I. No. 336/2011: European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (Irish Statute Book)
- Can customers object to electronic direct marketing? (Data Protection Commission)
- FAQ on Consent for Electronic Direct Marketing (Data Protection Commission)
- Guidance for Retailers Issuing e-Receipts (Data Protection Commission)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.