An individual raised a query with the DPC concerning the marketing communication practices of an airline following a recent trip with that airline. The issue arose when the individual received an email requesting feedback on their recent trip, which they perceived to be a marketing email. The individual contacted the DPC advising that they could not find an unsubscribe option in  this communication. 

In an effort to resolve the issue, the individual had to navigate to airline’s website to find the option to unsubscribe, a process they documented with an attached screenshot. Additionally, the individual expressed uncertainty about having signed up for this communication, as they noted being careful to avoid consent for unwanted marketing. The individual sought clarification on whether organisations are required to include an unsubscribe link in emails or surveys that are not directly related to a specific service, such as a flight.

In response to the individual, the DPC highlighted that, under Regulation 13 of the ePrivacy Regulations (S.I. 336/2011), as a general rule electronic direct marketing requires the affirmative consent of the recipient. Direct marketing can also be defined as communications aimed at promoting a product or service or encouraging additional enquiries from the recipient. The DPC further clarified that correspondence sent solely for informational or feedback purposes does not constitute direct marketing. However, if such communications included marketing content, they could be classified as direct marketing, thus necessitating the inclusion of an unsubscribe option. 

In this particular scenario, having reviewed the communication message, the DPC noted that it did not include marketing content and that the organisation was only seeking feedback in order to improve the service offered. As such, the DPC determined that this communication did not constitute direct marketing or an infringement of data protection rights.