November 19, 2025, 11:48 am | Read time: 2 minutes
The European Court of Justice (ECJ) has created new opportunities for email marketing with a ruling on November 13, 2025 (C-654/23). Companies can now send advertising emails under certain conditions without explicit consent. The ruling provides more clarity in digital marketing.
The decision primarily affects companies that rely on digital business models or freemium offerings. The ECJ clarifies that even a free registration can be considered a business relationship—as long as personal data with economic value is collected. This opens up a new way for many providers to use email advertising strategically.
How the Ruling Came About
According to “Retail News,” the trigger was a Romanian media company operating a freemium model: Users could register for free, gaining limited access to content—but also regularly receiving newsletters with promotional content. The Romanian data protection authority saw this as a violation, as there was no explicit consent from recipients. The company argued that the emails were part of the user relationship—the case went to the ECJ.
Email Advertising Without Consent—What the ECJ Says
The European Court of Justice had to determine whether such messages are considered unauthorized direct advertising and whether a free registration already constitutes a business relationship under the European e-Privacy Directive. The judges decided: Yes, under certain circumstances, a freemium model can be considered a “sale” because user data has economic value.
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This means companies can send promotional emails within narrow limits without obtaining separate consent. The condition is that the advertising relates to their own similar products or services and that users are clearly informed of their right to object during registration and in every email.
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Data Protection Meets Marketing
The ruling is based on two legal foundations: the e-Privacy Directive (2002/58/EC) and the GDPR. According to Article 13, Paragraph 2 of the e-Privacy Directive, email advertising is allowed if the sender obtained the address in the context of a sale and the advertising only refers to their own similar offers. Additional consent under Article 6, Paragraph 95 of the GDPR is not necessary in this case.
National Laws Remain Binding
Despite the new leeway, caution is advised. In Germany, Article 7, Paragraph 3 of the Act Against Unfair Competition (UWG) still applies. Advertising without consent is only permitted if a customer relationship exists and the advertised products are clearly comparable. A simple, free registration is generally not sufficient.