The e-mail broadcast as low priced and up-to-date medium has one basic prerequisite: According to German law § 7 UWG (Act Against Unfair Practices) utilisation of e-mail transmission is only allowed upon customer agreement. Furthermore you have to give the recipient the opportunity to refuse the application without any further effort (e.g. by answering your e-mail)
Before transmission you have to check whether your e-mail is a matter of advertising. If so: Did the recipients agree? Already existing business relationships are the only exception here. The e-mail address shall be given to you by the customer itself. We also recommend sending commercial e-mails upon your customer’s agreement.
Required content for external e-mails:
- Name of company and form of organisation
- Place of business
- relevant register court and commercial register number
- GmbH: managing director(s), AG: corporate management
- if existing: exec. chairman.
Additional information in German: BJMV
Required content for promotional e-mails:
- Sender must be obvious
- Subject must reveal the commercial character
- Only recipients who have given their permission
- Easy possibility to sign-off