Can I send newsletters without the consent of the recipients?
October 31, 2022 | 50,00 EUR | answered by Irmgard Helbig
Dear lawyer specialized in data protection law,
My name is Paula Schlosser and I have a question regarding sending newsletters without the consent of recipients. I run a small online shop for handmade fashion accessories and would like to regularly send newsletters to my customers to inform them about new products and special offers. So far, I have not obtained explicit consent from customers to send them newsletters.
My concern is that I may be violating applicable data protection laws if I send newsletters without the consent of recipients. I want to make sure that I am acting legally and not risking any warnings or fines.
Could you please explain to me whether I am allowed to send newsletters without the consent of recipients? Are there any possible exceptions or alternatives that would allow me to inform my customers about news from my online shop without violating data protection regulations?
Thank you in advance for your help and support.
Sincerely,
Paula Schlosser
Dear Mrs. Schlosser,
Thank you for your inquiry regarding sending newsletters without the consent of the recipients. It is very important to act in accordance with data protection laws to avoid warnings or fines.
In general, sending newsletters without the explicit consent of the recipients is not permissible. According to the General Data Protection Regulation (GDPR), the consent of the individuals concerned is required before personal data, such as email addresses, can be used for advertising purposes. This serves to protect the privacy and informational self-determination rights of consumers.
However, there are some exceptions that allow sending newsletters without explicit consent. One possibility is the so-called "soft opt-in" rule. This rule states that you may advertise similar products or services to customers whose email addresses you have obtained in connection with the sale of products or services, as long as they had the opportunity to object to the use for advertising purposes when the email address was collected and did not do so. In your case as an online shop operator, this rule may be relevant if customers did not explicitly object when placing their orders.
Another option is the use of opt-out options. Customers have the option to unsubscribe from receiving newsletters at any time. This must be clearly and prominently communicated in every newsletter, and it must be easy to unsubscribe.
Nevertheless, it is advisable to obtain the consent of the recipients to be on the safe side. This can be done, for example, by adding a checkbox during the ordering process or by using a separate consent form.
I recommend discussing the specific legal requirements with a specialized data protection lawyer to ensure compliance with all regulations. This way, you can ensure that you are acting in accordance with the law and not risking any legal consequences.
I hope that this information has been helpful to you. If you have any further questions, please feel free to contact me.
Best regards,
Irmgard Helbig
