As for the need for consent for marketing communications, the legal basis is to be found in art. 130 of the Privacy Code. The provisions of article 1, paragraph 14, of the law of 11 January 2018, no. 5. 12 13. 2. The provision referred to in paragraph 1 also applies to electronic communications, made for the purposes indicated therein, by e-mail, fax, MMS (Multimedia Messaging Service) or SMS (Short Message Service) messages etc.
Considering n.47 of EU Reg. 679/2016 the legal basis of legitimate interest can be invoked only in the case of soft spam (sending commercial offers concerning a good or service already purchased), while the general rule is that the treatments for marketing purposes are lawful only after having acquired valid consent.
As far as B2B marketing is concerned, business name-surname emails are also considered personal data. If the email was generic such as info @ or similar, then it might be enough to insert the possibility of unsubscribing from the mailing list. However, it is always good to have regard for the way in which the email was acquired.
The Legal information has been provided by BA-Legal-Law Firm
