The rule.
“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.
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.
noreply@ address and no unsubscribe link
No valid address to which a stop request can be sent.
Non-compliant vs compliant.
“From: Market Alerts <noreply@alerts-news.example> (sent on behalf of [Exchange])”
“From: [Exchange] <news@[exchange-domain]>. Sent by [Exchange legal entity]. Unsubscribe: [link] or reply STOP.”
The United Kingdom counterpart.
PECR reg. 23: no hidden sender, a valid opt-out address →
Side by side: Email marketing consent: EU ePrivacy vs UK PECR
Related rules.
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ePrivacy Directive Article 13(1) · European Union
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ePrivacy Directive Article 13(2) · European Union
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PECR regulation 23 · United Kingdom
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GDPR (Regulation (EU) 2016/679) and the ePrivacy Directive 2002/58/EC.
Source.
| Instrument | Directive 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009 |
|---|---|
| Provision | ePrivacy Directive Article 13(4) |
| Primary source | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002L0058-20091219 |
| Read from | EUR-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.