Does the phrase ‘for the time being’ mean consent only lasts a finite period of time?
Many of the Regulations refer to consent being given ‘for the time being’. We do not interpret the phrase ‘for the time being’ as meaning that consent must inevitably lapse after a certain period. However, it will remain valid until there is good reason to consider it is no longer valid, for example, where it has been specifically withdrawn or it is otherwise clear that the recipient no longer wants to receive such messages. The initial consent will remain valid where there are good grounds for believing that the recipient remains happy to receive the marketing communications in question, for example, where the recipient has responded positively (that is, other than to object) to previous, reasonably recent marketing emails. The phrase ‘for the time being’ is also used in the Regulations in respect of notifications of objection. For example, Regulation 21(1) (a) provides that unsolicited direct marketing calls should not be made where the subscriber has notified that such calls should
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