Say who you are. Give a way out.

ePrivacy Directive Article 13(4): marketing email may not disguise the sender, must give a valid address to opt out, and must respect e-Commerce Article 6.

European Union GDPR ePrivacy Directive Article 13(4)

The rule.

Directive 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009 · ePrivacy Directive Article 13(4)

“which disguise or conceal the identity of the sender on whose behalf the communication is made”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • No disguising or concealing the identity of the sender on whose behalf the message is sent.
  • A valid address to which the recipient can send a request to stop; no breach of Article 6 of the e-Commerce Directive (2000/31/EC), and no encouraging recipients to visit websites that breach it.

Who it applies to.

Anyone sending direct-marketing email to people in the EU, including on behalf of someone else (agencies, affiliates, list owners).

Common violations in marketing copy.

Violation pattern · masked sender

From: 'Crypto Insider Daily' — sent for an exchange that is never named

Conceals the identity of the sender on whose behalf the message is made.

Violation pattern · no-reply only

noreply@ address and no unsubscribe link

No valid address to which a stop request can be sent.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“From: Market Alerts <noreply@alerts-news.example> (sent on behalf of [Exchange])”

Compliant · example written by NorthPoint

“From: [Exchange] <news@[exchange-domain]>. Sent by [Exchange legal entity]. Unsubscribe: [link] or reply STOP.”

Related rules.

Source.

InstrumentDirective 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009
ProvisionePrivacy Directive Article 13(4)
Primary sourcehttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002L0058-20091219
Read fromEUR-Lex consolidated text
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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