If a customer in Europe provides an airline with their email address for the purposes of being notified of any schedule changes or other key information, and it is used for marketing purposes, the airline would face prosecution and fines for breaching the Data Protection Act. As Delta operate in Europe, they must have systems in place to distinguish between "marketing" messages and messages for the purpose of the business relationship. I do much of my business online, including all my travel arrangements and banking. I never receive marketing emails from them because by law they must ask me if I want to receive marketing materials or not.
I think you are now suggesting something which is not true. I do not believe that Delta, who operate in many European countries, are breaking the data protection laws in Europe.
I don't know what the law is in the US in relation to this, but regardless, Delta must have the capability to distinguish, otherwise they could not allow Europeans to buy tickets from Delta.com. You cannot send marketing emails to customers without having their consent. This consent cannot be "implied" by agreeing to have communications from the company related to the transaction, eg banking, buying a ticket, etc. In other words, Delta would have to ask the customer to tick a box if they are agreeable to receiving marketing materials. They must also ask for specific separate consent to pass these details on to any partner organisations.
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