EMAIL MARKETING
START SPREADING THE NEWS
When using newsletters in email marketing, companies need to know what works legally and what doesn’t, as Bettina Krause explains.
“A man who stops advertising to save money, is like a man who stops the clock to save time”— Henry Ford’s quote is surely drastic, but at its core it is not totally wrong. Aſt er all, any fi rm that wants to sell products or services has to be known by its target group, which usually does not happen on its own. Email marketing, sending newsletters and mailings to existing or potential customers, is an eff ective and cheap method of advertising: it takes only one click to reach hundreds or thousands of recipients. T e costs of printing and shipping fl yers or placing ads in newspapers and specialist and online media are omitted. However, there are several legal aspects to take into account.
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If someone receives an advertisement against his or her will, it is an “intolerable nuisance”—not just in terms of perception but also, in Germany, legally. Section 7(1) of the German Act Against Unfair Competition (UWG) reads: “A business action through which a market participant
is
harassed in an intolerable way is illegal. T is particularly applies to promotion the targeted market participant visibly does not wish to receive.”
Section 7(2): “Intolerable nuisance is always to be assumed when … an advertisement is generated through the use of automated calling systems, fax machines, or electronic mail without the explicit prior permission of the recipient.”
Trademarks Brands and the Internet Volume 1, Issue 4
T e unsolicited delivery of an advertisement is an intolerable nuisance to a private person and an encroachment on the recipient’s general personal rights; delivery to traders is an encroachment on the rights to enterprise. According to the German law, advertising is defi ned as:
“T e making of a representation in any form in connection with a trade, business, craſt or profession in order to promote the supply of
www.worldipreview.com
According to the EU Directive on Privacy and Electronic Communications, the term “electronic mail” encompasses emails (spamming) alongside SMS (short message service, ie, texting) and MMS (multimedia message service).
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