In a local court decision (Local Court Bonn, decision of 1 August 2017 – 104 C 148/17), the Claimant received an automatic email containing a confirmation receipt of his message and the following wording: " How do you protect yourself and your data against cyber-criminals and other threats? We show you what you should pay attention to in your digital everyday life Both Courts found that by including the additional information, the Defendants advertised additional services. In a Supreme Court case (German Federal Supreme Court, decision of 15 December 2015 – VI ZR 134/15) the Defendant had included information about its app in the automatic reply email. The German courts have also identified as marketing automatic reply emails where those emails contained information about other services.
Direct mail near me free#
It also includes free additional offers, sponsoring or image marketing. The definition is broad and not limited to particular forms of marketing. The concept of marketing covers all measures taken by an organisation to promote its products or services. The fine line between (permissible) customer communications and (prohibited) marketingĪccording to the UWG, marketing is a business act, meaning any expression made in the course of a trade, business, craft or profession in order to promote the sale of goods or the provision of services.
Although the language does not provide for specific obligations other than the “prior express consent of the addressee” German courts tend to take a very restrictive approach to direct marketing and recent case law has confirmed this. In Germany, the consent requirement has been transposed into national law in Section 7 of the German Unfair Competition Act (UWG). However, as direct marketing using electronic communications networks and services often involves sending unsolicited communications, approaching (potential) customers generally requires the recipients’ consent.
As we all know, email marketing is particularly popular as it enables a business to approach a large circle of recipients in a fast and (usually) inexpensive manner. Direct marketing is a popular way for businesses to inform customers about goods, services and current offers of a company.
0 kommentar(er)
