- Emails must only be sent to receivers who have given their consent to receive these emails according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met.
- The consent to receive advertisements through email has to be given separately. The receiver must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions.)
- The receivers must give their consent actively through a conscious act. Pre clicked/pre marked boxes may not be used.
You can prove explicitly that recipients have given you permission to send them newsletters. You may have received permission from recipients, for example, through the double opt-in method.
If you have already sold goods or services to recipients, you can then send them advertising for similar goods and services.
The following conditions must be met:
- You generated or received a recipient’s e-mail address through the sale of a product or service.
- The recipient has not objected to use of their e-mail address.
- When obtaining the e-mail address and every time the e-mail address is used, the recipient is notified of the fact that they can forbid use of their e-mail address at any time.
- You may only send advertising to recipients for offers that are similar to those of the initial order.
Can I send mailings to e-mail addresses I have purchased?
No! When purchasing e-mail addresses, no permission is granted for sending mailings to recipients.
The information contained on this website is only given for general information purposes and does not constitute any legal advice whatsoever by Clever Elements.