If you thought an “informational” newsletter fell outside the scope of direct marketing…❗The CJEU has just clarified that it doesn’t (Case C-654/23, 13 Nov. 2025).
And this ruling significantly reshapes how freemium models, online media, and SaaS platforms can contact their users.
🔍 1. The Inteligo Case: A Free Account… but Still Direct Marketing
In this case, a legal news website sent a daily update to users who created a free account.
The email contained summaries of legal news + links to full paid content.
The CJEU held that:
➡️ even if the content is informational,
➡️ the email encourages users to access paid content,
👉 therefore it qualifies as “direct marketing” under Article 13(1)-(2) of Directive 2002/58/EC.
💸 2. A Free Signup = a Sale Under e-Privacy Law
This is the real disruption. According to the Court, creating a free account constitutes a “sale of a service” (Art. 13(2)) because:
- the free service serves an advertising purpose,
- its cost is integrated into the price of the paid service,
- the relationship is publisher ↔ user.
→ This reasoning aligns with the Court’s approach in Mc Fadden (C-484/14).
📌 Practical consequence :
A newsletter may be sent without prior consent if the strict Art. 13(2) conditions are met:
1️⃣ contact details obtained as part of a “sale” (including free signup),
2️⃣ promotion of similar services,
3️⃣ easy, free objection available at signup and in every message.
⚖️ 3. e-Privacy vs GDPR: The CJEU Finally Settles the Question
The Court reiterates that: Article 95 GDPR excludes additional obligations where Directive 2002/58/EC already regulates the activity as lex specialis.
Meaning: 👉 If the Art. 13(2) conditions are satisfied, companies do NOT need to rely on Article 6 GDPR.
A decisive point for legal teams managing marketing compliance.
🧭 4. What This Means for Businesses
For freemium platforms, online publishers, and SaaS:
✔️ “Product-related” newsletters sent to free accounts ➡️ may fall within the Article 13(2) exception.
✔️ No separate GDPR consent required.
But caution:
❗ “Similar service” remains a strictly interpreted notion.
❗ The CJEU requires a very visible right to object:
- at signup,
- in every email.
🎯 5. An Opening… Not a Green Light for Spam
This decision:
- clarifies the status of freemium newsletters,
- strengthens the opt-out exception,
- indirectly prepares the future e-Privacy Regulation.
But it raises a strategic question:
👉 Will this broader interpretation of “sale” lead to more unsolicited messages?
The Court provides the framework but companies must apply it responsibly.
