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COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Traders that personalise prices by using consumers’ personal data must also comply with the GDPR and e-Privacy Directive. This includes the requirement to only use automatic calling machines, facsimile machines (fax) or electronic mail for direct marketing if the subscriber or users have given their prior consent (Article 13 of the ePrivacy Directive), and the requirement that the data controller must stop sending direct marketing if the individual receiving it objects to its personal data being processed for that purpose, as stipulated in Article 21 GDPR. Furthermore, Articles 12-14 GDPR include information obligations regarding the processing of personal data, including the right to meaningful information on the existence of automated decision-making, and Article 22 GDPR grants the right not to be subject to a decision which produces legal effects concerning them or significantly affects them and which is based solely on automated processing of data, including profiling.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.