Commercial Communications to Consumers: Concerns and Considerations

Sancho Guibert, Deputy Country Counsel and Secretary to the Board. Senior Vice President, Citibank España, S.A., Spain

Whilst marketing departments are one of the main pillars of commercial activity of those companies dealing with consumer clients, our European Union legislators sometimes show a lack of sectorial knowledge as they, to a certain extent, evidence some inability to find the right balance to adequately protect both sides of the marketing activities which do not need to be opposed: on one side, the safe and sound commercial activity which means sustainable economic growth and therefore jobs and sources of income for employees who, on the other hand, purchase goods and contract services of all kinds as final consumers of companies. Companies targeting consumer clients usually invest huge amounts of capital in launching marketing campaigns, and a meaningful part of it is made through commercial electronic communications such as SMS messages, electronic mailing, or either inbound or outbound telephone calls.

Sancho Guibert is Citi Deputy Country in Spain, Secretary to the Board and Senior Vice President. 1998-2009. Legal and Compliance for the Corporate, Investment and Private Bank Unit of Citi 1996-1998. Associate at Baker & McKenzie, Madrid office 1995-1996. Visiting lawyer at Mayer, Brown & Platt, New York Office 1995. Junior lawyer at Uria Menendez, New York Office

Citigroup, Inc., a global company that provides financial and banking services to consumers, corporations, governments and institutions with a wide range of financial products and services, including consumer banking, credit cards, corporate and investment banking, securities brokerage and wealth management. Citigroup Inc. has approximately 200 million customer accounts and operates in approximately 140 countries. The company was founded in 1812 and is based in New York, New York.