Under what circumstances might the "soft opt-in" rule apply in relation to direct marketing?

Question

Options

• AWhen an individual has not consented to the marketing.
• BWhen an individual's details are obtained from their inquiries about buying a product.
• CWhere an individual's details have been obtained from a bought-in marketing list.
• DWhere an individual is given the ability to unsubscribe from marketing emails sent to him.

• A
  4% (1)
• B
  83% (20)
• C
  4% (1)
• D
  8% (2)

Explanation

The "soft opt-in" rule is an exception to the general requirement of obtaining consent before sending electronic mail marketing to individuals. It applies when the following conditions are the sender has obtained the contact details of the recipient in the context of the sale or negotiations for the sale of a product or service to that recipient; the sender only sends direct marketing relating to its own similar products or services; and the recipient has been given a simple opportunity to refuse or opt out of the marketing, both when the details were initially collected and in every subsequent message. The option B matches these conditions, as it implies that the individual has shown an interest in buying a product from the sender, and that the sender can use the individual's details to send marketing about similar products, as long as the individual can easily opt out.

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