Can I mark unwanted emails as spam?
March 18, 2022 | 40,00 EUR | answered by Otto Schäfer
Dear Internet and Computer Law Attorney,
I have a question regarding unwanted emails and marking them as spam. Lately, I have been receiving an increasing number of unwanted promotional emails that bother and harass me. I have already tried to unsubscribe from the relevant distribution lists, but without success.
My concern now is whether it is legally permissible to mark these unwanted emails as spam. I do not want to risk any legal consequences, but at the same time, I do not want to continue being bombarded with unwanted advertising.
Are there any legal regulations or provisions that allow me to mark unwanted emails as spam? What legal consequences could this have for me? Are there alternative solutions to protect myself from unwanted advertising?
I thank you in advance for your support and advice.
Sincerely,
Björn Schmid
Dear Mr. Schmid,
Thank you for your inquiry regarding unwanted emails and marking them as spam. This issue affects many people in today's society, as unwanted promotional emails unfortunately represent a widespread nuisance.
It is important to know that marking unwanted emails as spam is not illegal in itself. Spam refers to unwanted bulk emails, often containing advertisements, sent to a large number of recipients without their consent. Marking such emails as spam can help your email provider automatically move these messages to the spam folder in the future, reducing the annoyance for you.
However, it is important to ensure that you only mark truly unwanted emails as spam and not accidentally legitimate messages. Intentionally marking emails as spam that are not spam can have legal consequences. For example, you could be held liable for defamation or damage to reputation if you mistakenly mark legitimate emails as spam.
There are also legal regulations governing the sending of spam emails. In Germany, for example, the Act Against Unfair Competition (UWG) is relevant. According to this law, companies are not allowed to send unsolicited promotional emails without the prior consent of the recipient. If you continue to receive unwanted promotional emails even after unsubscribing from the respective distributors, you could take legal action against the senders.
There are various ways to protect yourself from unwanted advertising. In addition to marking emails as spam, you can set up special filters in your email program to automatically block spam emails. Setting up spam filters at the server level or using anti-spam software can also be helpful.
I hope this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Otto Schäfer, Attorney specializing in Internet and Computer Law
