Comment by alibarber
4 days ago
Yes - unfortunately this looks to be completely irrelevant to consumer protection.
"A contractor of my employer asked me to contact another member of my organisation to persuade them to do something commercially advantageous for them" - at no point is anyone here a consumer.
Business emails are subject to fairly different rules by the looks of it: https://tietosuoja.fi/en/faq-direct-marketing ("Can a person working in a company be sent direct electronic marketing") - it appears there's a fair bit of an exception that doesn't require consent.
Here in Australia unless that particular user that received the emails gave consent to receive marketing emails (and the emails have identification + unsubscribe) it would be violating our Spam act.
https://www.acma.gov.au/publications/2024-07/guide/consumer-...
What happens if it gets ignored? I get blasted with email drips everywhere I sign up.
The principle here, for anyone confused, is that a consumer has very weak negotiating power against a business and therefore needs basic rights, but when two businesses negotiate, it's a level playing field and if they wanted those rights they would've been easily able to get them.
According to https://superhuman.com/legal/dpa they claim that their role is processor. Processor is only allowed to use personal data they obtained from controller under controller's documented instructions. Unless those included authorization to send such an email to controller's users it's quite likely that they exceeded those. GDPR-wise (and likely that DPA-wise) that is a breach on it's own.