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Depends on the country, I think it is up to all member states to implement and manage the laws internally.

My former employer did the following "trick" to boost the amount of newsletter subscriptions (and angry customers):

In Denmark you are allowed to create a competition where you write "By participating in this competition you will be subscribed to our newsletter".

And then they write in the legal text under the form that you agree to them (and their mother-company) contacting you on phone, email and SMS.

And you also agree that two separate companies owned by the same company is allowed to contact you.

You are also allowed to leave the following checkbox checked as default, making it opt-out:

[x] Subscribe me to the newsletter.




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