Current legal situation in email marketing
The legal situation in online marketing, especially when sending emails, is not always clear. Mistakes often happen that can also have financial consequences. Either out of ignorance because the legal situation is not clear, or some people consciously take the risk and hope that they will not be punished. To keep you up to date, we have compiled the most important rulings for you in our current blog post. Perhaps there is one or two cases that you were not yet aware of.
autoresponder
Anyone who uses autoresponders to receive emails should be careful about adding advertising to them. Although confirmations of receipt etc. are permitted, the recipient's consent must be obtained for the advertising purposes contained therein. Therefore, you can only send autoresponders with advertising content to your existing recipient group.
(AG Bonn of 1.8.2017, Az. 104 C 148/17 )
general terms and conditions clause
It is not permissible to include in the general terms croatia number dataset and conditions a blanket consent for advertising via multiple channels, even after the contract has ended. This violates Section 307 of the German Civil Code (BGB). In the present case of the Cologne Higher Regional Court, a telephone and internet provider had the following text in its general terms and conditions:
“In the future, I would like to be personally informed and advised about new offers and services from Telekom Deutschland GmbH by e-mail, telephone, SMS or MMS.
I agree that my contract data from my contracts with Telekom Deutschland GmbH may be used by Telekom Deutschland GmbH for individual customer advice until the end of the calendar year following the termination of the respective contract…”
So please don’t try this at home.
(OLG Cologne of 02.06.2017, Az. 6 U 182/16)
feedback requests
Unauthorized email advertising
Caution is advised when making feedback requests. Although there have been rulings that consider feedback requests to be non-advertising, the last ruling by the Berlin Higher Regional Court classified them as inadmissible. Due to the ambiguous legal situation, it is advisable to note the following:
Send feedback requests no later than two weeks after purchase
Limit email to requests for feedback, no advertising
No feedback request to people who have unsubscribed
When unsubscribing always block email address not customer account
Blocking the Domin kanzlei-richter.de, this law firm specifically warns