Opt-out (Permission Marketing)
Opt-out ( Engl. To opt out (of) , to decide against something ') referred to in Permission Marketing , a method in which sent advertising or personal data are stored, the person concerned provided that the has not actively opposed. The model is the opposite of the opt-in procedure, in which the sending of advertisements or storage require a prior declaration of consent from the person concerned.
In a narrower sense, opt-out in e-mail marketing also names technical functions in distribution systems for newsletters that enable the recipient to unsubscribe from the distribution list. In connection with unsolicited email advertising from dubious providers ( Unsolicited Bulk Email ), a warning was given against the use of such opt-out links, because they are often only used for email address verification purposes and can even lead to increased advertising being sent .
Legal situation in Germany
Since 2005, the sending of advertising by e-mail has been permitted by Section 7 (2) No. 3 UWG only with the “prior express consent of the addressee”. Opt-out procedures are therefore prohibited by law in this area. The Federal Court of Justice also ruled in 2008 that a form of consent agreed in the General Terms and Conditions is not sufficient even if it is accompanied by an opt-out option.
The opt-out model according to Section 7 (3) UWG is permitted in e-mail advertising, but in exceptional cases in the case of existing contractual relationships in the case of advertising for goods or services that are similar to those previously purchased. The opt-out option must be "clearly and unambiguously" pointed out with every sending.
In the field of targeted advertising , the requirement for prior consent is currently (as of 2020) controversial.
Individual evidence
- ↑ Martin Fiutak: FTC: US law gets spam under control , ZDNet of December 21, 2005, accessed on June 22, 2016
- ^ Federal Court of Justice, judgment of July 16, 2008 , VIII ZR 348/06