Newsletter Versenden Legal

You must give users the opportunity to withdraw their consent. Under the GDPR, users have the specific right to withdraw their consent. This means that you need to make it as easy to withdraw your consent as it is to give it. You can easily achieve this by including a visible and valid unsubscribe link in your newsletter. Users should also be able to manage their email preferences in their account. In general, consent is one of the six legal bases for processing user data. The others are: legal obligation, contractual requirements, vital interests, public interest and legitimate interests. Some third-party services may incorporate legal compliance into their terms of service. In such cases, a violation of legal requirements may also be considered a violation of their terms; Such violations may result in termination of the service or possibly permanent suspensions. If you wish to send newsletters without your consent, you must inform yourself clearly and unambiguously when collecting the data that the customer may object at any time to the use of his e-mail address for sending a newsletter.

If this information was not available to users at the time, but one of these legal bases may currently legally apply to your situation, it would be best to ensure that your current privacy policy meets the requirements so that you can continue to process your user data lawfully. Since newsletter sign-up forms are data collection tools, it is mandatory under EU law (in particular the GDPR) that you obtain the user`s informed consent before subscribing to the service. Under EU rules, obtaining consent can be seen as a two-part process involving informing the user and obtaining verifiable consent through affirmative action. The question of whether consent can be “transferred” or not, i.e. the need to obtain new consent or rely on another legal basis, is eliminated – depends on whether consent was obtained in accordance with the GDPR or not and whether you can prove it. Our privacy and cookie policy generator allows you to easily comply with your disclosure obligations by allowing you to fully inform your users and set the necessary details in a manner that complies with the law. A newsletter is an incredibly powerful marketing tool. It`s a cost-effective way to build and maintain a relationship with your customers, but it can also cost you dearly if you don`t meet your legal obligations. If you currently schedule or maintain an electronic newsletter, you are required by law to have a comprehensive privacy policy because you are collecting personal data. If you are already lawfully processing (i.e. collecting, accessing, storing or otherwise interacting with) personal data on the basis of one of these other legal bases, you do not need to send emails with requests for consent – provided that this processing basis has been specified in your privacy policy and users have easy access to the notice before processing their data. In addition to our general newsletter checklist and a comprehensive step-by-step guide to privacy-friendly newsletters, we have therefore also compiled for you a checklist for legally compliant newsletters, so that you can release the mouse button consciously and send the newsletter in a relaxed way by clicking on “Send mail”: If, for example, in practice, you also have people who download your e-book, To your newsletter list, you should include something similar to the following under the eBook download form: Keep in mind that these compliance steps are specific to email and newsletter requirements.

For more information on the general website requirements, check out our getting started guide here. Third-party apps and services must also comply with the law. For this reason, it is often mandatory that all partners and customers who use their services comply with regulatory standards. The vast majority of reputable newsletter management platforms have made it mandatory for users of their services to have a comprehensive privacy policy in place that clearly discloses their involvement and complies with regulations. The newsletter is created, the list of recipients is created and selected – everything is ready to be sent. In the second truth, i.e. shortly before clicking on the “Send a mailing” button, doubts often arise: have you really thought of everything? In § 7 para. 2 of the Unfair Competition Act (UWG) and Art. 6 para. 1 lit. a of the General Data Protection Regulation (GDPR), the legislator clearly and unambiguously states that companies can only send advertising e-mails and newsletters if the recipient has previously consented to their receipt. This applies regardless of whether the recipient is also an entrepreneur or a consumer and is an essential prerequisite for sending advertising e-mails in accordance with the law.

Because every recipient must be protected against advertising messages. Entrepreneurs should also be protected from such news in their business activities. If you do not send the newsletters yourself, but do so via a newsletter tool/software (Newsletter2go, MailChimp, Klick Tipp, GetResponse, etc.), you must represent the provider/software. This is important because user data is not stored directly with you, but is transmitted to the provider. Failure to comply with your legal obligations can lead users to negatively perceive your company as incompetent or malicious. This can cause significant and lasting damage to public trust and your organization`s reputation. Explicit form (where the purpose of the listing mechanism is unequivocal). For example, in a scenario where your website has a pop-up asking users to sign up for your newsletter with a clear phrase such as “Subscribe to our newsletter to access discount coupons and product updates!”, the positive action the user takes by entering their email address is considered valid consent. Using consent as a legal basis in the past doesn`t mean you still have to do it now. It may even be unwise to do so, especially if you`re not entirely sure how you collected the information/contact data in the first place (e.g., ill-gotten mailing lists) or if you can`t prove that you collected it in a manner that complies with the law. Typically, regulations require your privacy policy to be clearly visible and easily accessible on your website or your app`s website, so just having it in your footer may be enough. However, in the context of transparency (which is usually one of the main purposes of data laws), it is advisable that you also provide your privacy policy depending on the situation; For example, by linking to it both in your sign-up form and in the email newsletter.