Post by dana58402 on Nov 18, 2024 2:14:13 GMT -5
When Consent is Not Required: The "Existing Customer" Exception
Under German law (and GDPR), you may not always need to obtain explicit consent for marketing emails in the case of existing customers. According to the soft opt-in rule, if an individual has previously purchased a product or service from you, you may send them marketing emails related to similar products or services, provided:
The customer’s email address was collected during the sales process.
The customer was informed that their email address could be used for marketing purposes.
The customer is given the option to opt Germany Email Database out easily (e.g., an unsubscribe link in every email).
This exception only applies to existing customers and is narrowly defined.
When Consent is Mandatory: Sending to New or Unsolicited Contacts
If you are sending marketing emails to individuals who have not previously interacted with your business or provided their email address, you must always obtain explicit consent beforehand. This applies to:
People who have not made a purchase from your business.
People who have never engaged with your marketing efforts.
Contacts gathered through external sources or purchased email lists.
In these cases, using opt-in forms, clear consent requests, and the double opt-in method is essential.
Role of Pre-Checked Boxes and Opt-In Forms
Pre-checked boxes or automatically selected consent options are prohibited under both GDPR and TMG. The user must take a clear affirmative action (e.g., ticking an empty box) to consent. This prevents businesses from unintentionally obtaining consent through passive or implied actions.
5. Managing Consent
Updating and Managing Consent Records
Businesses must maintain accurate and up-to-date records of consent. This includes tracking.
Under German law (and GDPR), you may not always need to obtain explicit consent for marketing emails in the case of existing customers. According to the soft opt-in rule, if an individual has previously purchased a product or service from you, you may send them marketing emails related to similar products or services, provided:
The customer’s email address was collected during the sales process.
The customer was informed that their email address could be used for marketing purposes.
The customer is given the option to opt Germany Email Database out easily (e.g., an unsubscribe link in every email).
This exception only applies to existing customers and is narrowly defined.
When Consent is Mandatory: Sending to New or Unsolicited Contacts
If you are sending marketing emails to individuals who have not previously interacted with your business or provided their email address, you must always obtain explicit consent beforehand. This applies to:
People who have not made a purchase from your business.
People who have never engaged with your marketing efforts.
Contacts gathered through external sources or purchased email lists.
In these cases, using opt-in forms, clear consent requests, and the double opt-in method is essential.
Role of Pre-Checked Boxes and Opt-In Forms
Pre-checked boxes or automatically selected consent options are prohibited under both GDPR and TMG. The user must take a clear affirmative action (e.g., ticking an empty box) to consent. This prevents businesses from unintentionally obtaining consent through passive or implied actions.
5. Managing Consent
Updating and Managing Consent Records
Businesses must maintain accurate and up-to-date records of consent. This includes tracking.
