Privacy Advisor

GERMANY—Regional Court of Berlin on expiry date of consent

In its judgement of 9 December 2011, the Regional Court of Berlin (Case No. 15 O 343/11) had to decide on the permissibility of a certain e-mail advertising campaign. While after several decisions by the Federal Court of Justice, it is settled case law that an opt-in is generally required for e-mail marketing measures and that such an opt-in must be “separate” in the sense that it may not extend to other marketing forms such as telephone calls or telefax messages, the Berlin judges were, in this case, also called to rule upon the questions whether the consent was specific enough and whether it was still valid.

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