EGYPT Law and Practice Contributed by: Ibrahim Shehata, Tasneem El-Naggar and Safa Rabea, Shehata & Partners
By adhering to these requirements, organisa - tions can ensure compliance with Egypt’s data protection laws while building trust with their users. 4.2 Personalised Advertising and Other Online Marketing Practices Regulation of Personalised Advertising in Egypt The PDPL regulates direct electronic marketing, which can be considered a form of personal - ised advertising. Direct electronic marketing is strictly regulated under the PDPL, requiring explicit consent from data subjects before their personal data can be used for marketing pur - poses. Advertisers must clearly identify them - selves, provide an easy opt-out mechanism, and maintain records of user consent. These regu - lations ensure transparency, accountability and the protection of individuals’ privacy in targeted advertising practices. Generally, Article 17 of the PDPL prohibits direct electronic marketing to data subjects, except under the following conditions: • the approval of the data subject has been obtained; • the communication includes the identity of the sender; • the sender can be reached by a valid and complete address; • reference is made in the communication that it is for direct marketing purposes; and • clear and uncomplicated mechanisms have been set up to allow the data subject to opt out or withdraw their consent to sending. In addition, Article 18 of the PDPL obliges the sender of direct marketing communication to: • specify the marketing purpose;
• not disclose the communication information to the data subject; and • keep an electronic registry evidencing the approval of the data subject (as amended) or the data subject’s non-objection to proceed on receiving the direct marketing communi - cation (this registry should be kept for three years from the date of final sending). The Consumer Protection Law adds a further layer of protection for users exposed to person - alised advertising that leads to digital transac - tions (eg, purchasing a product or service via an online ad). It ensures, inter alia, the following. • Confirmation of consent – if a consumer accepts an offer made through a personal - ised ad, the advertiser or seller must confirm the consumer’s consent to proceed with the contract. • Right to amend or cancel – consumers have the right to modify or correct their order within seven working days of their acceptance, unless a longer period is agreed upon by both parties. This ensures flexibility and safeguards consumers from committing to contracts under unclear terms. • Written notification of contract terms – the seller or advertiser must immediately send a written confirmation of the contract, includ - ing all details of the offer and the complete terms of the agreement. This notification can be sent via email or another storable elec - tronic medium, and must not contain terms or details that differ from the original offer made in the personalised ad. • Transparency and accuracy – advertisers and sellers are prohibited from including mislead - ing or inconsistent information in the con - tract confirmation compared to the original advertisement, ensuring consumers are fully informed.
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