The Court of Justice of the European Union (CJEU) has issued an important judgment in Case C-654/23 (Inteligo Media SA, 13 November 2025) extending the range of permissibility to send newsletters without obtaining consent. The CJEU has also clarified the relationship between the ePrivacy Directive and the GDPR with regard to the admissibility of direct marketing. The decision is highly relevant for online publishers, digital platforms, and any business communicating with users by email.
I. Background
Inteligo Media runs an online news platform in Romania, offering free user accounts. A newsletter summarizing legislative developments is sent to holders of a free user account. During registration, users were informed about the newsletter and were given the opportunity to opt out. The email addresses of the users were obtained during registration of the account. The newsletter also contains links to paid articles. The Romanian data protection authority imposed a fine, arguing that Inteligo sent this newsletter without obtaining valid consent of the account holders. The national court sought clarification from the CJEU on several points regarding Art. 13 of the ePrivacy Directive and the relevance of Art. 6 and Art. 95 GDPR.
II. Key Findings of the Court
1. Newsletters Linking to Paid Content Require Consent in Principle
Although Inteligo’s newsletter contained informational content, the inclusion of links to paid articles gave it a promotional purpose. The Court therefore classified it as direct marketing. This triggers the strict requirements of Art. 13 of the ePrivacy Directive, including the need for prior consent unless the Art. 13 (2) exception applies.
2. Due to Collecting the E-Mail Addresses During Registration: No Consent Required
However, the Court held that collecting an email address during registration for a free account can occur „in the context of a sale of a product or service“ within Art. 13 (2) of the ePrivacy Directive. A commercial relationship does not require monetary payment; access provided in exchange for personal data may suffice. Therefore, users‘ consent to receive the newsletter was not required.
3. No Additional GDPR Legal Basis Is Needed if Art. 13(2) Applies
The Court emphasized that the ePrivacy Directive acts as lex specialis. Where a controller meets the conditions of Art. 13 (2) of the ePrivacy Directive — notably a prior customer relationship and a clear opt-out option — it does not need an additional legal basis under Art. 6 GDPR for direct marketing.
III. Why This Decision Matters
Email newsletters are a common tool for sharing updates, promoting services, and maintaining customer relationships. However, the legal classification of such communications is often uncertain. The Inteligo decision offers guidance on when newsletters require prior consent and when they may be sent for the purposes of direct marketing of “similar products or services,” provided that recipients received prior information and were given the opportunity to opt out.
IV. Practical Implications
Mixed newsletters that link to paid services will often be treated as marketing. Companies should review whether their newsletter content unintentionally shifts from informational to promotional. However, as the CJEU now clarified collecting email addresses during registrations of free user accounts may be sufficient for the permissibility of direct marketing using these email addresses under Art. 13 (2) of the ePrivacy Directive. The requirements under the GDPR remain applicable for solely informative newsletters, provided they do not fall Art. 13 (2) of the ePrivacy Directive.