E-mail B2B/B2C – Opt-In

It is forbidden without the prior consent of the addressee.

Section 107 paragraph 2 of the Telecommunication Act (Telekommunikationsgesetz 2003) forbids the sending of electronic mail without the prior consent of the addressee if:

  • the message is sent for Direct Marketing purposes, and/or
  • the message is addressed to more than 50 addressees.


Double Opt-in is not legally required but it is recommended by the industry’s good practice.

Electronic mail for direct-marketing purposes is illegal if the identity of the sender is concealed or if there is no address displayed in the mail to which the addressee can send his request for removal from the mailing list.

However, no prior consent is required if:

  • the recipient’s details were collected in the context of a sale;
  • in case of an inquiry by e-mail
  • the products/services being marketed are similar to those bought by the consumer in this sale;
  • the customer clearly and distinctly has been given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details when they are collected and on the occasion of each message;
  • the recipients did not forbid the sending of electronic mails in general before, especially put down on the legally binding e-mail preference service according to Article 7 Par. 2 of the E-Commerce Act.