The Consent Dilemma: Is An SMS Requesting Consent To Send Marketing Itself A Form Of Marketing That Requires Consent? The Italian Courts’ Different View – Privacy – Italy

Introduction

The Court of Rome was recently asked to address the resolution
no. 437 of October 27, 2016
(“Resolution”) by the Italian
Autorità Garante per la Protezione dei Dati
Personali (“DPA”) regarding the
sending of text messages in order to gather the data subjects’
consent to processing for marketing purposes.

Contrary to the DPA’s position, the Court of Rome with its
ruling n. 10789 of August 1, 2019 (“Court
Ruling“) that such an activity is not a form of
marketing. Although both the Resolution and the Court Ruling are
based on the pre-GDPR legal framework”, i.e. the
Legislative Decree no. 196 of 2003, implementing Directive 95/46/EC
(“Pre-GDPR Privacy Code“), the Ruling
will probably have important implications, given that the concept
of direct marketing has not yet been accurately defined by the
current data protection legal framework (i.e. the GDPR and
the Italian Privacy Code as amended by Legislative Decree no. 101
of

Article source: https://www.mondaq.com/italy/Privacy/899574/The-Consent-Dilemma-Is-An-SMS-Requesting-Consent-To-Send-Marketing-Itself-A-Form-Of-Marketing-That-Requires-Consent-The-Italian-Courts39-Different-View