Privacy Advisor

Court ruling: burden of proof for consent to e-mail marketing

On November 24, 2009, the Higher Regional Court of Duesseldorf issued an interesting ruling on the burden of proof for consents to e-mail marketing measures. The court found that a company that purchases e-mail addresses for the purpose of distributing electronic advertisements must not rely on the seller’s representation that all data subjects have consented to receive marketing e-mails.

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