B2B – Opt-out
It is permissible to send marketing e-mails to corporate subscribers if the recipient has not specifically objected to it.
Any legal person shall be allowed the opportunity to prohibit, easily and at no separate charge, the use of its contact information in connection with any e-mail message sent in direct marketing. The party undertaking direct marketing shall give clear notification of the possibility of such a prohibition (opt-out mechanism).
Marketing messages send to personal e-mail addresses based on a company’s name can be send if the message is sent based on the individual’s job description. On the contrary, prior consent is required if the message is sent to the recipient as an individual (Ombudsman guidance).
B2C – Opt-in
It is not permissible to send marketing e-mails to individual subscribers without their prior consent.
Where a marketer obtains from any individual his contact information in the context of the sale of a product or service, that service provider or product seller may use this contact information for direct marketing of his or her own products of the same product group and of other similar products or services.
The recipient has to be informed about the opportunity to opt-out at each direct marketing contact easily and at no charge.
It is not permitted to send direct marketing e-mails if:
- the identity of the sender is disguised or concealed
- an opt out address is not provided