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The spam ban in the Telecommunications Act

Sending e-mailings has many benefits. For example, an e-mailing is easy and quick to create, its sending is inexpensive (no printing and postage) and the results are easily measurable. For these reasons, organizations overwhelmingly sent e-mailings with a commercial message. This ended up irritating the recipients quite a bit. To reduce this irritation, an outright ban on spam was included in the 2009 Telecommunications Law. According to the legislation, it is forbidden, to cause nuisance with unsolicited commercial electronic messages. When is it okay to inform your target audience through an e-mailing? What rules apply to e-mailing?

Explicit consent is required

By law, you may only send someone an e-mail with commercial, idealistic or charitable content when you have explicit permission to do so. You can ask for this permission (opt-in) for example through a form on your website. You should clearly state that you will use the data for sending your newsletter. Asking permission by means of a box that can be checked is also a valid opt-in. The check mark may even already be there provided it is easy to click away. However, an active click is still required to make the opt-in explicit. For example, this could be a click on the “Subscribe” or “Submit” button. You can also use a file of opt-in e-mail addresses via partner mailing. Individuals have given their agreement to receive emailings from certain industries or on certain topics to the file owner. The file owner takes care of sending your emailing and does not give out the email addresses. It’s not ideal because your emailing will most likely be one of many.

Single opt-in or double opt-in?

A single opt-in as described above is mandatory. Double opt-in is not mandatory but it does have advantages. A double opt-in means that the people you have a single opt-in from have confirmed the signup once again by clicking on a confirmation link you sent via email. Now you are even more certain that the recipient has given consent and that the single opt-in email address entered is an existing and current email address. Therefore, a double opt-in results in a lower bounce rate and a higher open rate.

What should your emailing meet

If you are sending an e-mailing to individuals for whom you have explicit permission, there are a few more points your e-mailing must meet. First and foremost, it should be clear who the e-mail is coming from. Your organization’s name should be reflected in the sender name. In addition, your logo and company name in the email should match the sender name. The recipient of your e-mail should also be able to unsubscribe easily. For example, you can place an unsubscribe link at the top or bottom of the email.

Customers may always email you

If a person or organization has purchased a product or service from you and thus there is a billing relationship, then in this case we refer to it as a “customer. And clients are always welcome to send you emails. Also emails with commercial, idealistic or charitable content. The rule, however, is that the products or services in your email must be sufficiently related to what your customer has already purchased and that it is an offer from your organization. It also still applies that the recipient of your e-mail should be able to unsubscribe easily. You may continue to mail as long as a customer does not unsubscribe.

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