DE | EN | RU (0)69 76 75 77 80Mon. - Fri. from 8am to 8pm, Sat. from 8am to 5pm

Advertising by newsletters – the double meaning of “Double Opt-In”

Nearly every company uses newsletters to inform its current and potential customers about news, special offers etc. But sending out newsletters is not quite as simple as it may appear at first glance. Because sending out newsletters is not allowed, unless customers have expressly consented to receive them.

Permission by “double opt-in”

Recipients give their permission through the so-called “double opt-in” process. “Double opt-in” is a method to consent to receive advertising e-mails. In the first step of the opt-in process, interested recipients fill out a sign-up form for the newsletter service. Then, in a second step, they have to confirm their contact address.

The burden of proof lies with companies

The “double opt-in” process is very important for advertising companies. Because in case of doubt, the company will have to furnish proof that an addressee effectively consented to receive the newsletter. If the company is unable to prove this, the promotion will be deemed to be anti-competitive.

Warnings and actions for damages

In case of an illegal advertising activity, the company can receive a warning letter. Any attorney’s fees incurred in this context will routinely have to be paid by the company that acted in an anti-competitive manner and received the warning. In addition, the company risks to be sued for damages.

Warnings may be issued not only by other companies but also by consumer associations for the protection of consumers. And this can prove especially expensive. We recommend you to have your advertising activities in Germany reviewed for compliance with competition rules by an expert. Our experienced attorneys will be pleased to assist you.

Continue reading:
Compensation when leaving a German civil-law partnership
Representation against anticompetitive practices of your competitors

Stefan Winheller

Attorney Stefan Winheller has specialized in tax law for about 20 years, especially in the areas of cryptocurrencies, foundations/nonprofits and international tax law.

>> show profile

Leave a Comment

Your email address will not be published. Required fields are marked with *

WINHELLER Blog via Newsletter

Subscribe to our free newsletter and receive regular updates on German business law by e-mail. (Mandatory fields are marked with *)

German Business Law News (4 times a year)
I would like to subscribe to the selected newsletter and for that purpose give my consent to WINHELLER to process my above mentioned data. I have read the "Information for Data Processing in the Newsletter Subscription". I understand that I can revoke my consent at any time with effect for the future by clicking the unsubscribe button within the newsletter. *