Information, Unsubscribing, & Penalties

Failure to comply with the rules can attract heavy penalties (including a maximum fine of €5,000 on summary conviction for each unsolicited text message/e-mail sent). In the case of breach of the rules on electronic marketing, the onus is on the data controller (school/ETB) to prove that it had a subscriber’s consent to send a marketing message. Schools/ETBs as data controllers should retain such consents for a period of 2 years after the sending of the most recent marketing message to the recipient and, in any event, must retain copies of the consents which they have gathered for direct marketing purposes for as long as the school/ETB is seeking to rely on them. In the case of sending electronic marketing (e.g.. text, email etc.) the consent is “active” as long as the messages are sent within 12 months of the consent being gathered.