Germany has some of the strictest rules in the world on commercial email. Sending marketing emails without proven prior consent is considered an unreasonable nuisance (unzumutbare Belästigung under Section 7 UWG) and can lead to injunctions.

Double opt-in (DOI) as the standard

The sender has to prove consent, and simply entering an email address into a form does not prove it, because anyone could have entered it. The procedure recognised by the courts has two steps: the user enters their address, receives an email with a unique activation link and only becomes an active subscriber after clicking it. The confirmation email must not contain any advertising, slogans or special offers – only a neutral request for confirmation.

Recording proof of consent (Protokollierung)

The burden of proof lies entirely with the sender. In the event of a claim, the company must be able to produce a consent log: the user's IP address, the exact date and time of the sign-up, and the IP address, date and exact time of the click on the DOI confirmation link, together with the text of the sign-up form at that time.

Mandatory elements of every marketing email

Every email must contain a clearly visible unsubscribe link (Abmelde-Link) that works with one click, as well as the sender's full legal details (Impressum with address and contact details) in the body of the email. Unsubscribing must not be made harder by requiring a login or password.

The exception for existing customers under Section 7(3) UWG

Advertising without separate consent is only allowed if all of these conditions are met: the email address was obtained in connection with the sale of goods or services; only your own similar goods or services are advertised; the customer has not objected; and when the address is collected and in every email, the customer is clearly told that they can object at any time.

What to check

  • Set up double opt-in on every email sign-up form on the website.
  • Remove promotional banners and discount codes from the subscription confirmation email.
  • Store confirmation logs (IP address, date, time, link) in your mailing system.
  • Add the full Impressum and an instant unsubscribe link to every email template.

Example situation

An online school set up automatic logging of double opt-in clicks in Mailjet and was able to defeat a malicious claim in court by proving that the subscription had been activated voluntarily.

Next step

Email marketing in Germany is effective and safe only with strict double opt-in and digital proof of consent.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.