Support for e-mails & servers

If you are planning an e-mail distribution list for advertising (mailing), you must observe some important legal requirements.

Advertising emails without consent are not permitted

In contrast to postal advertising, it is not permitted in Germany to send advertising emails without the prior express consent of the recipient – neither to private individuals nor to companies.

Consent is usually given via the so-called “double opt-in” procedure. This involves the recipient registering themselves on an email distribution list and then confirming their registration by clicking on a link in a confirmation email.

What is not allowed

• – A single contact or previous communication is not sufficient as consent
• An existing customer relationship alone does not authorize the sending of advertising
• Pre-selected checkboxes in forms (“I would like to receive emails”) are not permitted – the recipient must actively agree to this themselves
• The use of purchased e-mail address lists is associated with high risks. Anyone who uses such lists is liable. Even a general assurance by the seller does not protect against legal consequences

Mandatory information in advertising emails

Advertising emails must always contain a clear and functional unsubscribe option (e.g. an “Unsubscribe newsletter” link).

In addition, the same information requirements apply as for business letters. In the case of a GmbH, the following information, among others, must be included:

• Company name and legal form
• Complete address
• Register court, register number and registered office
• Full first and last names of the managing directors

Data protection and consent according to GDPR

When collecting and processing e-mail addresses, the rules of the General Data Protection Regulation (GDPR) apply. This includes:

• The recipient must be informed in advance about the use of their data
• A privacy policy with information on the controller must be available and easily accessible
• The forwarding of e-mail addresses to third parties is not permitted without express consent

What counts as advertising

Not only classic product offers are considered advertising. Invitations to events, competitions or surveys with a commercial purpose are also classified as advertising and may only be sent with prior consent.

Consequences of violations

Violations of the legal requirements may result in, among other things

• high fines
• Contractual penalties or termination without notice by the provider
• the obligation to compensate for damages caused by unauthorized shipping via our service. We must pass on these damages to our customers in accordance with our GTCs

Modern systems detect unauthorized mass emails very reliably. Anyone who believes they will remain undetected is underestimating the technical possibilities for detection.