For a long time, online merchants could send a review email for bought products with a clear conscience. That’s history now. In its judgement of 10.07.2018, ref. VI ZR 225/17, the Federal Court of Justice (BGH) stated that a customer satisfaction survey is advertising. This advertising according to § 7 UWG may only be sent with the consent of the customer.

Article § 7 of the Act against Unfair Competition (UWG) regulates when advertising constitutes unreasonable harassment. Thus, advertising is only permitted if the customer has given his prior consent. In order to do justice to the age of digitalization, however, the law makes exceptions to advertising via e-mail.

Harassment via e-mail is therefore not to be expected if

Further information is available from Händlerbund.

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