Legal Basis

In the past, it was perfectly normal to “collect” email addresses on a large scale and then use them in marketing. The explicit consent of the recipients was rarely obtained and the double opt-in procedure was used even less frequently for advertising.

As a result, the number of advertising e-mails skyrocketed, and the legislator intervened. Today, the privacy of email recipients is well protected by law, which is why companies should definitely create framework conditions for legally secure emailing.

This is particularly true for sending e-mails addressed to consumers. The Unfair Competition Act (UWG), the Telemedia Act (TMG) and the GDPR all impose restrictions on the sending of newsletters and advertising to consumers.

Contact via e-mail for advertising purposes may only be made if the recipients have given their consent in advance. Without prior consent (e.g. to subscribe to a newsletter), legally secure advertising is almost impossible.