Article on Unsolicited Communication in Social Media Associate

Article on Unsolicited Communication in Social Media Associate Professor, PhD Jan Trzaskowski has published the article ‘Unsolicited Communication in Social Media’ European Business Law Review vol. 25-3. This article discusses whether commercial communication in social media is covered by the European opt in-model for unsolicited electronic mail for direct marketing purposes found in the directive on privacy and electronic communications (2002/58). It is found that the ban on unsolicited electronic mail does not apply to messaging systems in social media unless the system gives access to sending traditional e-mail. Accordingly, the use of electronic mail for direct marketing purposes in social media must be assessed in accordance with the full harmonisation in the unfair commercial practices directive (2005/29). This directive does not contain a ban on ‘unsolicited’ but ‘unwanted’ solicitations by e-mail and other remote media—i.e. an opt-out solution.