Note: References to Article 11.7 of the Telecommunicatiewet, the ACM guidelines, and the Dutch Awin Code of Conduct are replaced by the relevant Irish legislation (e.g., European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 – SI 336/2011), guidance from the Data Protection Commission (DPC), and the Awin Ireland Code of Conduct. Ensure you comply with all applicable Irish laws and the Awin Code of Conduct.
Sending Commercial Messages
- Sending commercial messages through Awin is permitted only if the publisher can demonstrate compliance with Irish ePrivacy Regulations, DPC guidelines, and the Awin Code of Conduct.
- The publisher must sign the Awin Code of Conduct, which is then held by Awin Ireland and can be presented to authorities upon request.
Previews and Approval
- Publishers must submit all email campaign previews via the “Email Approval Tool” (under “Toolbox” → “Email Campaign Approvals”) before sending.
- By submitting a preview, the publisher confirms compliance with Irish law and certifies that prior consent from all email recipients has been obtained.
- The message may only be sent after the advertiser has approved both the preview and its dispatch.
- The publisher is responsible for any consequences of sending spam or distributing commercial messages without advertiser consent.
Consequences of Non-Compliance
- If a mailing is distributed without approval from Awin and Vivara, the sales generated will be rejected.
Mailing Parties
- Only email addresses obtained through a valid opt-in procedure, in accordance with Irish regulations, may be used.
- All promotional materials (dispatch date, number of addresses, sender, subject line) must be submitted for approval beforehand. Each resend requires new approval.
- Failure to comply may result in rejected sales and non-payment by the advertiser.
