Not legal advice: Legal content on this page appears only as verbatim quotations from statutes, court rulings or authority papers, with their source; quotations from German texts are our working translations. We do not assess them ourselves, and no lawyer has reviewed this page. It is no substitute for legal advice in your individual case.

Newsletters for small businesses

For small businesses, a newsletter is one of the few channels they own themselves: no algorithm decides who sees the message, and the addresses stay with the business. That takes staying power and a sound foundation. On the first question many businesses ask – whom they may write to by email – this page sets out the relevant texts verbatim. It describes the situation in Germany.

Addresses: what the law and the data protection authorities say verbatim

Quotations from German laws, court rulings and authority papers are our working translations; only the German wording is authoritative (see the German version of this page).

The German Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG):

“An unacceptable nuisance is always to be assumed […] in the case of advertising using an automatic calling machine, a fax machine or electronic mail without the prior express consent of the addressee […]” (our translation)

— Section 7(2) no. 2 UWG

For comparison, the preceding number on telephone advertising reads: “in the case of advertising by telephone call to a consumer without their prior express consent or to another market participant without their at least presumed consent” (our translation; Section 7(2) no. 1 UWG).

“By way of derogation from subsection 2 number 2, an unacceptable nuisance is not to be assumed in the case of advertising using electronic mail if

1. a trader has obtained the customer’s electronic mail address from the customer in connection with the sale of goods or services,
2. the trader uses the address for direct marketing of its own similar goods or services,
3. the customer has not objected to the use, and
4. the customer is clearly and distinctly informed, when the address is collected and each time it is used, that they may object to the use at any time without incurring any costs other than the transmission costs at the basic rates.” (our translation)

— Section 7(3) UWG

The guidance of the German Data Protection Conference (Datenschutzkonferenz, DSK) on direct marketing (February 2022):

• Existing customers (section 1.4.1, p. 6): “If email addresses were collected directly from the data subjects in the context of a contractual relationship (existing customers), the interests of the data subject worthy of protection under Art. 6(1) subpara. 1(f) GDPR as a rule do not prevail if the requirements for electronic advertising contained in Section 7(3) UWG are complied with. The purpose of the email advertising must also have been set out transparently to the data subjects at the time of data collection in accordance with Art. 13(1)(c) GDPR. For clarification, it is pointed out that controllers must be able to prove that the email address used for advertising purposes is the address of an existing customer, Art. 5(2) GDPR. Without the conditions of Section 7(3) UWG being met, the use of email addresses for advertising purposes in principle requires consent.” (our translation; section 1.4.1)
• Business cards (section 3.2, p. 11): “Business cards left by data subjects at trade fairs or other events expressly for the sending of information or further business contact can in principle constitute valid consent within the meaning of Art. 4(11) GDPR if, owing to the circumstances of the individual case, the consent and in particular also its content can be proven by the controller.” (our translation; section 3.2)
• Legal notice (section 4.2, p. 15): “By contrast, reading out the data from an online legal notice for the purpose of advertising use is not permitted. Although these data are generally accessible, they are published not voluntarily but because of the statutory obligation to identify the provider under Section 5 TMG or Section 18 MStV.” (our translation; section 4.2)
• Address trading: “This guidance does not address the topic of address trading, as separate deliberations will take place on this.” (our translation; footnote 1, p. 1)

On email addresses from an enquiry or a quotation without a purchase, from prize draws, and on purchased or rented address lists, the texts quoted here contain no express statement.

Existing customers: what the authorities recommend

Many small businesses have more customer addresses than newsletter sign-ups. On the ordering process, the DSK writes:

“Data subjects are often irritated that they receive email advertising after ordering goods or services although, for example, they specifically did not consent to receiving newsletters. Partly to prevent this irritation, clear and comprehensible reference should be made not only in the privacy notice but already when the email address is collected in the ordering process to the possibility, existing independently of a newsletter sign-up, of advertising for similar services under Art. 6(1) subpara. 1(f) GDPR in conjunction with Section 7(3) UWG, and to the related right to object (Art. 21(4) GDPR). It is also recommended to make it possible to exercise the right to object immediately, for example by means of a checkbox or a link to a way of objecting.” (our translation)

— DSK guidance on direct marketing (February 2022), section 5.3, p. 19

More wording on Section 7(3) UWG: Advertising to existing customers.

The technical minimum

1. A sending platform instead of the normal mailbox – with double opt-in, unsubscribe link and one-click unsubscribe. Criteria: Choose a newsletter tool and Compare newsletter software.
2. A sender address under your own domain, not at a free webmail service. Only then can SPF, DKIM and DMARC be set up; Gmail requires all senders to have at least SPF or DKIM.
3. A sign-up form on the website that asks for as little information as possible; what the GDPR says on data minimisation: The sign-up form.

Planning effort and rhythm realistically

Our experience: in small businesses, a newsletter rarely fails because of the technology, but because after the third issue there is no time left. Three questions help:

• How often can you deliver reliably? Monthly or quarterly is feasible for most small businesses. A fixed rhythm matters more than a high frequency.
• Where do the topics come from? Seasonal topics, new offers, frequent customer questions, a look behind the scenes, dates. A topic list for the whole year takes the pressure off.
• Who does it? One person with fixed time in the diary – and a stand-in.

A template that you build properly once saves time with every issue: The newsletter template.

Measuring success without getting lost

For small lists, percentages are unsettled: with 300 recipients, three clicks change the click rate by a whole percentage point. Watch trends over several issues and what arrives in the shop, on the phone or in the mailbox (“I read in the newsletter …”). More on the figures: Open rate and click rate.

Checklist for getting started

• Sending platform with double opt-in
• Sender address under your own domain, SPF, DKIM, DMARC
• Sign-up form on the website
• Template with sender details and unsubscribe link
• Rhythm and topic list for a year

Further reading

• Create a newsletter: step by step
• Law in email marketing: an overview
• Welcome series and automations