This depends on the way the scheme operates. It is more likely to be acceptable if the content of the message is determined solely by the sending customer.This depends on the way the scheme operates. It is more likely to be acceptable if the content of the message is determined solely by the sending customer.

It is an offence under the ePrivacy Regulations (SI 336 of 2011) to send an unsolicited marketing message to someone where there is no existing customer relationship. The onus is on the sender to show that the recipient has consented to the receipt of such messages. It is difficult to see how the operation of a "refer a friend" facility could meet this requirement.

A complaint can either be made to this office (who may prosecute persistent offenders) or to the Commission for Communication Regulation (ComReg), who may issue enforceable directions against certain bodies.
 

Those wishing to complain to ComReg should phone their consumer line at (01) 8049668 or visit the ComReg website.

This should be done in the standard way by writing to the organisation (data controller) and explaining the circumstances. In the vast majority of cases, this will be respected, as the data controller will have no business case for continuing to send direct marketing in such cases.

Yes, unless you instruct these people that you do not wish to receive marketing calls from them on your landline telephone number, they can rely on consent arising from any consent you may have given as part of that existing relationship to market you regardless of what preference may be recorded in the National Directory Database.

This is a matter for the Commission for Communications Regulation (ComReg), which takes it seriously, and you should contact ComReg at (01) 8049668. For more information, visit the ComReg website.

Any landline telephone subscriber has a right to ask his/her service provider for a copy of his/her listing in the National Directory Database. The service provider has a right to charge a fee for this service.

Under the ePrivacy Regulations (SI 336 of 2011) marketing calls to mobile phones are prohibited unless:

1. The caller has been notified by the subscriber or user that he or she consents to the receipt of such calls on his or her mobile telephone, or

2. The subscriber or user has consented generally to receiving marketing calls and that such consent to receive marketing calls is recorded in the National Directory Database in respect of his or her mobile telephone number.

This is a matter for your phone provider and the Gardaí to examine. Your data protection rights relate to calls for direct marketing purposes. If there are subsequent concerns in relation to the manner that your phone number became known to the person making the calls then there may be a data protection issue that this office can pursue.

Unsolicited direct marketing mail can be stopped by sending back an opt-out request to the sender. A description of how to do this should have been provided with the communication received. Your preference not to receive further marketing mail must then be respected by the marketer. If you have concerns as to where your contact information was sourced by the marketer in the first instance, you should seek an explanation from the marketer concerned.