(haipo) – Marketing inquiries are an integral part of our daily lives: announcements about “Club promotions”, “Limited time discount” או “Rest in the 90th minute” They come to us via email, phone or text messages. But is every such contact spam? Are companies allowed to send us messages without our asking? And what are our rights as consumers? A new directive from הרשות להגנת הפרטיות Organizes and clarifies the difference between Direct mailing And Spam, and the obligations imposed on the person sending the messages.
What exactly is spam – and what is direct mail?
Spam According to Section 30A of the Communications Law, spam is “Advertisement” – A message that aims to encourage the purchase of a product or service, the spending of money, a request for a donation, or propaganda. It is usually distributed to the general public, without personalization.
Direct mailing Unlike spam, direct mail is defined in the Privacy Protection Act as:Personal address to a person, based on his/her belonging to a population group determined by characteristics found in a database. The content itself can be advertising, but does not have to be. A municipal message to residents is also considered direct mailing if it is based on data from a database.
Who was the message sent to – and why is it important?
The key distinction is Recipient's identityIf you received a general advertisement for baby products as part of a broader campaign, it may be spam. But if the message was sent to you because you are registered as a young mother, it is already direct mail.
Please note: The appearance of your name in the message is not proof of direct mailing. It may simply be an automatic addition of a name.
How did the message reach you?
The spam law only applies to instant messaging:
- SMS message
- fax
- Automatic dialing system
On the other hand, direct mail can arrive in any way: email, telephone, SMS, and even a letter in the mail, as long as it is based on data from a database.
Is direct mail legal?
Yes, as long as it meets the requirements of the law. The application must clearly include:
- Source of information – How the sender received your information.
- Sender's identity – Includes full address.
- Your right to be deleted – A clear option to request removal from the database.
How is your consent obtained?
The information may be collected by law or with consent. If the information was not provided by you directly, you may request to be deleted from the database.
In cases of a uniform contract (e.g. joining a customer club), if the consent to use information for direct mailing purposes is not related to the transaction itself, clear and separate consent is required.
Transferring information to a third party – when is it permitted?
If you are registered with one company but the message comes from another, this is allowed. Only if you have given explicit consent to the transfer of information.
Companies that use third-party services to send direct mail must specify:
- their database number
- the source of the information
- Your right to be deleted
In addition, they are required to register their database and declare that they provide direct mailing services.
Don't want to receive any more messages?
The law gives you full rights:
- Request deletion from the original company's database
- Request deletion from the mailing service provider's database
- Limit the provision of information about you to certain people or entities
What happens when a company does not meet the requirements?
A direct mail message that does not include the required information, or a refusal to delete your information from the database, constitutes Violation of the Privacy Protection ActMeaning:
- The Privacy Protection Authority can take regulatory measures and sanctions
- You can file a civil lawsuit and demand compensation.
In conclusion
The Privacy Protection Authority's guidance clarifies: Not every marketing message is spam, and not every personal contact is legal. The distinction between spam and direct mail is important in understanding what senders are allowed to do and what you are allowed to demand.
Your awareness of your rights is the best tool for protecting your privacy in a marketing world saturated with messages.