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 emails without the prior consent of the recipient is not permitted in the EU under the GDPR.
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:
