Good Law assisted Tomorrowland in legal proceedings concerning advertising via email. The case concerned complaints about consent. The Board of Appeal ruled that consent had been freely and clearly given.
In November 2019, Good Law represented Tomorrowland in proceedings before the Advertising Code Committee and the Board of Appeal. The case revolved around emails sent on behalf of Tomorrowland and artist Lost Frequencies. The complainant challenged the validity of its consent and filed complaints about the content and contact information in the emails.
Advertising Code Committee ruling
The Commission found that when creating a Tomorrowland account, the complainant had explicitly ticked a checkbox agreeing to ‘other communication about Tomorrowland and related topics’. An information symbol clarified that these communications included messages from Lost Frequencies. The Commission ruled that this opt-in was sufficiently specific.
However, the Commission found in favour of the complainant on the complaint about the lack of contact details in the emails and made a recommendation to Tomorrowland to amend this in the future.
College: clear and free consent
On appeal, the complainant argued that the consent was insufficiently specific and that it could not make a sub-selection to exclude messages from Lost Frequencies. The Appeals Board rejected these arguments, ruling that:
- Ticking the checkbox constituted an active action granting consent.
- The explanation behind the question mark icon made it sufficiently clear that communications about Lost Frequencies were covered by the opt-in.
- The absence of a sub-choice did not prejudice the complainant’s free choice, as all subjects were closely related to Tomorrowland.
- The Board stressed that the information provided with the checkbox was clear and comprehensive. The use of an information symbol was seen as a good addition to provide consumers with additional clarity.
Conclusion
The complaint against Tomorrowland was declared largely unfounded by the Board, with the exception of the lack of contact information in the emails. Good Law successfully supported Tomorrowland in these proceedings, reaffirming the importance of clear and transparent consent for email advertising.
