Legal hurdles in email marketing (bulk emails)

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Here you can see some information that we have put together for you (without claiming completeness, legal correctness, exact sources and judgements!) once roughly to the best of our knowledge.

If you are planning an advertising distribution list by e-mail (mailing), there are a few things to consider

Here you can see some information that we have roughly compiled for you to the best of our knowledge (without claiming to be complete or legally correct). This is not legal advice, we are web designers.

Sending e-mails without the prior consent of the recipient is not permitted under the GDPR in the EU.

The recipient usually gives their consent with a so-called double opt-in ” – the recipient enters himself in a list and then receives an (advertising-free!) e-mail in which you can click on one of the e-mails contained there Link agrees again to be included in this e-mail distribution list.

The strict rules apply when the recipient is a consumer, but also when it is a business. Even a first-time advertising e-mail to companies without the prior consent of the recipient is illegal.

It is also not allowed to fill in forms with the question “Would you like to receive e-mails?” to tick already. This must be done by the email recipient on their own.

Purchasers of e-mail address data are themselves liable for purchased address lists. We strongly advise against it.

In addition, there is a risk of contractual penalties and termination without notice under almost all provider contracts if unauthorized mass emails are sent via their systems. Anyone who thinks they won’t be “caught” is underestimating the now very effective detection options for such mass mails.

The mandatory information (imprint) required on business letters must also be provided in e-mails. For example, in the case of a GmbH, in addition to the usual contact details, the legal form, registration court/number/registered office and the full first and last names of the managing directors must also be stated.

Further information:

DISCLAIMER: The TBA-Berlin is not a law firm. The content provided here is for general information purposes only and does not constitute legal advice. We recommend that you seek independent legal advice before taking or refraining from taking any action based on the content provided here.

TBA-Berlin makes no representations or warranties, express or implied, as to the accuracy, adequacy, validity, reliability, availability or completeness of the information referenced herein. Your use or reliance on any information contained herein is for your personal use and solely at your own risk.

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