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Translated from German; if the versions differ, the German version applies.
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.
Newsletter marketing: the basics
Newsletter marketing means regularly informing people who have signed up for it by email – about offers, news or specialist topics. It is part of email marketing and thus of online and direct marketing: the message does not go to “everyone”, as with an advertisement, but to individual, known recipients.
Terms clearly distinguished
| Term | Meaning |
|---|---|
| Newsletter | email sent regularly to subscribed recipients, usually covering several topics |
| Email campaign | a single, time-limited mailing for a particular occasion (e.g. a promotion, an invitation) |
| Mailing | originally a personally addressed advertising letter sent in large numbers; in German today also used for promotional emails |
| Transactional email | a message triggered by an action (order confirmation, password link) – not a newsletter |
| Direct marketing | advertising that addresses recipients individually (letter, email, telephone) and allows them to respond |
How a newsletter works
- Sign-up: The person enters their address and confirms the sign-up, commonly via double opt-in. Quotations from German laws and authority papers on this page are our working translations; only the German wording is authoritative (see the German version of this page). The German Act against Unfair Competition (UWG) names as a case in which an unacceptable nuisance is always to be assumed: “in the case of advertising using […] electronic mail without the prior express consent of the addressee” (Section 7(2) no. 2 UWG, our translation). The EU General Data Protection Regulation (GDPR) provides: “Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.” (Art. 7(1) GDPR)
- Planning: Define the target group, topic and frequency. Less, but reliably, is better than a lot and irregularly. (Based on experience, not a study.)
- Content and design: Subject line, preview text, content, one clear next step. The Digitale-Dienste-Gesetz (DDG, the German act on digital services) provides: “Where commercial communications are sent by electronic mail, neither the sender nor the commercial nature of the message may be disguised or concealed in the header and in the subject line.” (Section 6(2) sentence 1 DDG, our translation)
- Sending: via a sending platform that processes unsubscribes and bounces automatically. On unsubscribing, Section 7(2) UWG names the case of advertising with a message “in which there is no valid address to which the recipient can send a request to stop such messages without incurring any costs other than the transmission costs at the basic rates” (Section 7(2) no. 3(c) UWG, our translation).
- Evaluation: Watch delivery, click and unsubscribe rates – with caution regarding the open rate (see Metrics).
- Maintenance: Process unsubscribes and remove undeliverable addresses. On objecting to direct marketing, the GDPR provides: “Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.” (Art. 21(3) GDPR).
An example: the monthly club newsletter
How the six steps fit together is shown by an invented but typical example: a club wants to inform its members and other interested people about its events once a month.
| Step | Setting in the example | Background |
|---|---|---|
| Sign-up | form with a box that is not pre-ticked; confirmation email; the system stores the time, the wording of the sign-up text and the confirmation | wording on boxes and proof (Recital 32 GDPR, Art. 7(1) GDPR): Double opt-in |
| Sender | name of the club, address under the club’s own domain; SPF, DKIM and DMARC set up, DMARC initially with p=none and a report address | Recognition and deliverability (Deliverability) |
| Frequency | every month on the same weekday | Based on experience: reliable rather than frequent |
| Unsubscribe | link in the text of every issue and one-click unsubscribe in the email header; the system acts on unsubscribes immediately | wording of Section 7(2) no. 3(c) UWG: Unsubscribing; technically, one-click procedure according to RFC 8058; Yahoo requires unsubscribes to be honoured within two days |
| Evaluation | after each issue, note the click, unsubscribe and complaint rates and compare them with previous months | Gmail names a spam rate below 0.3% for bulk senders (Metrics) |
| List care | remove addresses with permanent delivery errors (hard bounces) from the list | fewer returned emails, better deliverability |
The values come from the sources and pages named; the frequency is an assumption for the example, not a recommendation for every case.
What newsletters are good for – and what not
Well suited: recurring information for people who explicitly want it – customers, members, a specialist audience. Unsuitable: first contact with bought addresses or addresses found somewhere. It damages deliverability. On addresses taken from a legal notice (Impressum), the German Data Protection Conference (Datenschutzkonferenz, DSK) writes: “By contrast, reading out the data from an online legal notice for the purpose of advertising use is not permitted.” (guidance on direct marketing, Section 4.2, p. 15, our translation)
Further reading
- Consent and double opt-in
- Metrics in newsletter marketing
- Create a newsletter: step by step
- Glossary: terms from A to Z
Ready for your own newsletter? Our neutral checklist for choosing a sending platform helps you get started.