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Data Protection in the Marketing Department

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Consumers have the right to know whether, to what extent and for what purpose their personal data is collected and stored before they use a corresponding offer.

This principle does not only apply to the websites of companies or public authorities: Private service providers are also subject to it.

This results from the German Telemedia Act.

“Personal data” is not only obviously personal information such as a person’s name, place of residence or e-mail address, but also their IP address or knowledge of which pages have been visited on the internet.

Every website therefore collects personal data about its users in this sense. It follows that a privacy policy is mandatory on every website – regardless of the operator.

According to German and European case law, a missing or insufficient privacy policy on a commercial website is considered a breach of competition law.

This means that competitors (rivals) can send warning letters, claim damages and insist on injunctive relief.