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Inteligo Media Ruling: A Game-Changer for Email Marketing Compliance

published on 26 November 2025 | reading time approx. 3 minutes

The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in Inteligo Media SA v ANSPDCP (C 654/23), clarifying a long-standing compliance question: when does ePrivacy displace GDPR? For businesses using newsletters, freemium models or tiered subscriptions, this decision reshapes the compliance perimeter across the EU.

What changed?

Until now, many organisations assumed that sending marketing emails required both:

consent under Article 13 ePrivacy;
a lawful basis under Article 6 GDPR.

The CJEU has now confirmed: when Article 13(2) ePrivacy applies (soft opt-in), GDPR does not impose an additional legal basis for sending the email. ePrivacy governs the communication entirely.

Key clarifications

Free newsletters can be direct marketing: even if the content is informative, if its purpose is to promote paid services (e.g., linking to premium articles), it qualifies as direct marketing;
“Sale” includes freemium models: a free subscription counts as a sale if it forms part of a commercial strategy where remuneration is indirect (e.g., through paid tiers);
Soft opt-in remains narrow: conditions under Article 13(2) ePrivacy must all be met:

email collected during a sale (including freemium sign-up);
marketing relates to similar services;
clear opt-out offered;
unsubscribe link included;.

GDPR still applies to underlying processing: collecting email addresses, profiling and segmentation still require a GDPR legal basis - usually legitimate interest or consent. The judgment only removes GDPR from the act of sending the email.

Who does this apply to?

This ruling binds all EU Member States and their courts when interpreting EU law.

EU-based businesses: Any organisation established in the EU that sends direct marketing emails;
Non-EU businesses targeting EU consumers: They must comply with this interpretation under GDPR’s extraterritorial scope;
National DPAs: Regulators in all Member States will enforce this interpretation consistently.

Finnish perspective

Finland’s Act on Electronic Communications Services mirrors ePrivacy rules. The ruling aligns with Finnish practice but introduces clarity for freemium models, which the Finnish DPA has traditionally treated cautiously.

Action points for (Finnish) businesses:

Audit newsletter flows to confirm soft opt-in compliance (including freemium sign-up scenarios);
Update privacy notices:

distinguish ePrivacy-based sending from GDPR-based data processing;
broaden purpose wording (e.g., “marketing communications” instead of “direct marketing”) and specify GDPR legal basis for underlying processing.

Review profiling and segmentation practices:

conduct legitimate interest assessments or obtain consent where necessary.

Ensure opt-out mechanisms are clear and user-friendly, including unsubscribe links and objection options at registration;
Revisit onboarding and marketing funnels to ensure transparency and compliance with both ePrivacy and GDPR.

Summary

The Inteligo Media ruling simplifies compliance for email marketing: no dual legal basis for sending under GDPR when ePrivacy applies. But businesses must still manage GDPR obligations for data collection and profiling. For entrepreneurs, this means clearer rules for freemium models and an opportunity to streamline marketing compliance - without cutting corners on transparency or user rights.

DATA PROTECTION BITES

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Nora Haapala

Associate Partner

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