Email for rating only with the prior consent of the customer

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For a long time, online retailers could send a request for rating the bought goods safely. 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. According to § 7 UWG, this advertising 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. Advertising is only permitted if the customer has given his prior consent. However, in order to do justice to the age of digitisation, the law makes exceptions to advertising via e-mail.

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

  • the seller has received the customer's data by means of order (existing customer),
  • the distributor uses the customer data for direct marketing of similar products (in the sense of "corresponds to the same typical purpose or need of the customer" or "accessories"),
  • no objection has been raised by the customer and
  • the customer is expressly informed when the address is collected and each time it is used that he can object to its use at any time.

Further information is available at Händlerbund.