Important informations on regulatory framework
Legal regulations:
According to § 7 UWG (Act Against Unfair Practices) utilisation of e-mail transmission is only allowed upon customer agreement. Furthermore you have to give the recipient the opportunity to refuse the application without any further effort (e.g. by answering your e-mail)
Before transmission you have to check whether your e-mail is a matter of advertising.
If so: Did the recipients agree?
Sole exception are already excisting business relationships. Your customers should give their e-mail adress by themselves. We recommend to send commercial e-mails only upon agreement of your customers.
E-mail-Robinsonlist:
E-mail transmission to austria is also only allowed upon agreement. In addition the list of recipients has to be synchronised with the so called e-mail Robinsonlist (RTR-list) of austria. This list contains a register of e-mail adresses and consumers who don`t want to receive commercial e-mails. A comparable list excists also in germany, called „Deutsche eMail-Robinsonliste“ – not yet regulated by law.
GTC compares automatically your list with the robinson list at every broadcast. The relevant numbers are highlighted in order to simplify post-editing.
Legal requirements: design
The sender of the e-mail has to be obvious. The subject has to reveal the commercial character. Every e-mail has to contain a note which expressly states that only recipients who have given their permission receive this e-mail. In every e-mail the sender has to give his recipients the possibility to refuse receiving commercial e-mails without any offers. Popular are included links or the possibilty of declining by reply. Don`t forget to mention your contact details. Here you will find the wording of the law (in german): Telemediengesetz
Obligatory data for external business e-mails:
Name of company and form of organisation, place of business, relevant register court and commercial register number. Furthermore in case of a GmbH the name of every managing director (first and surname). If excisting name of executive chairman. In case of an AG the names of corporate management.
Here you will find the wording of the law (in german): EHUG
No responsibility is taken for the correctness of this information!
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