The Consumer Ombudsman writes in her new spam guidance that she treats push messages from apps as emails. She pointed out that push messages are text messages pushed by an app when a user turns on push messaging in their phone's settings. Push messages will be stored on the user's phone until the message is opened. Exactly how the message is displayed depends on the phone's operating system but the user usually cannot access the message again. What is the significance of push messages being covered by the spam ban? In order to send marketing push messages, the following conditions must be met before the customer's active consent must be obtained before receiving push messages.
Consent cannot be obtained via email including push messages. This consent cannot be reflected solely from the terms of the transaction. The obligation to provide information is subject to consent. In short it must be stated whose marketing you wish to receive Email Marketing List for which product categories in what form of communication and where consent can be withdrawn. While it may be debatable whether a push message is an email or not you must abide by the rules of electronic marketing if you want to be on the safe side.
An email is any message in the form of a text-to-speech reproduction of sound or image sent over a public communication network and may be stored in the network or in the recipient's terminal device until the message is retrieved by the recipient. Consumer Ombudsman’s opinion on push messages Consumer Ombudsman’s guide to spam Article originally published on published on These marketing methods are popular with online shops One third of stores use affiliate marketing. Stores and experts estimate the number is likely higher.