Soft Spam

Soft spam is a form of promotional communication that does not require explicit consent from the recipient but relies on an existing relationship between the company and the customer. According to Article 130, paragraph 4 of the Italian Privacy Code, soft spam is lawful, even without explicit consent from the data subject, when a company has obtained the customer’s contact details during the sale of a product or service and uses this information to promote products or services similar to those already purchased.

Soft spam is an exception to the requirement for explicit consent, but it is subject to specific conditions:

• The customer must be informed about the possibility of receiving such communications at the time their data is collected, through the privacy notice.
• The customer must have the ability to easily and freely opt out of such communications at any time, both when their data is collected and after receiving any communication for this purpose.
• These communications are conducted exclusively via email.

This type of marketing represents an opportunity for companies to maintain active communication with customers without violating data protection regulations.

Trust Guardian’s Approach to Soft Spam
Trust Guardian helps companies manage soft spam compliantly, ensuring that the requirements outlined by regulations are met. The platform tracks each processing authorization (since soft spam does not rely on consent as a legal basis), including soft spam communications, and accurately records data subjects’ objections to such communications, keeping all company systems aligned.