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Judgment

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In support of its application, the company claimed, inter alia, that, because of its essentially editorial content, the ‘Personal Update’ newsletter did not satisfy the conditions laid down by the law for classification as a ‘commercial communication’. However, as a precautionary measure, the processing of personal data as a result of the transmission of that newsletter was based on Article 12(2) of Law No 506/2004, transposing Article 13(2) of Directive 2002/58 into Romanian law, and on Article 6(1)(f) of the GDPR. That company thus gave users the right to object to the receipt of that newsletter and the right to unsubscribe after such a newsletter had been received.

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