On November 13, 2025, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C‑654/23 (Inteligo Media). The Court upheld Advocate General Szpunar’s opinion and clarified an important point: the GDPR does not apply to marketing communications addressed to existing customers where Article 13(2) of the ePrivacy Directive takes precedence.

This decision has significant implications for how companies approach direct marketing practices. Organisations wishing to rely on Article 13(2) of the ePrivacy Directive for customer marketing must now carefully consider several key questions:

•  When does a communication qualify as direct marketing?

•  What constitutes a “sale” within the meaning of Article 13(2)?

•  Which GDPR requirements continue to apply alongside the ePrivacy rules?

•  Can data protection authorities take enforcement action against breaches of the ePrivacy Directive?

These and other relevant aspects will be addressed in our upcoming webinar, which will focus on the practical impact and implementation of the CJEU’s latest guidance.