The Law for Confidence in the Digital Economy (LEN Law), adopted on June 21, 2004 in France, is part of the implementation of a European directive dating from 2000. Its impact on web marketing strategies focuses primarily on two aspects: the use of email addresses for prospecting purposes and the responsibility of website hosting providers. Regarding email marketing, the LEN Law requires explicit authorization from users before their email address can be used for prospecting. According to this law, it is prohibited to conduct direct prospecting via automated calls, faxes, or emails without the prior consent of the individual concerned. This consent must be freely given, specific, and informed, and implies acceptance of the use of personal data for prospecting purposes. Sending messages aimed at promoting goods, services, or the image of a commercial entity is considered direct prospecting.

However, the opt-in rule stipulated by the LEN Law has two exceptions. The first concerns existing customers of the company, to whom “similar” offers may be sent by email. The second exception concerns professional email addresses. Direct marketing by email is permitted in this specific case, provided that the recipient’s contact information was obtained directly from them, within the context of a sale or service provision, and that similar products or services are offered by the same entity. Furthermore, the recipient must have a clear and easy way to object to the use of their contact information for marketing purposes, without any costs other than those related to transmitting their refusal.

Regarding the liability of hosting providers, this is only incurred if they are aware of illegal content disseminated on their platforms. This means that their