When it comes to email marketing in Germany, customers often ask: Can we send promotional emails to our customers without explicit consent? The answer is yes—under certain conditions—thanks to the concept of Soft Opt-in.
How Does Soft Opt-In Work in Germany?
In the German context, soft opt-in is an exception that allows businesses to use a customer’s email address for marketing without needing fresh, explicit consent. It applies when you’ve already sold goods or services to that customer, and you want to promote similar products or services.
This exception is written into Section 7(3) of the German Unfair Competition Act (UWG). The UWG predates the ePrivacy Directive and GDPR, and the UWG prevails in this context. However, it still complements the General Data Protection Regulation (GDPR), where the lawful basis is legitimate interest under Article 6(1)(f) GDPR.
The Conditions You Must Meet
You can only rely on soft opt-in if all of these conditions are satisfied:
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Existing Sale: You obtained the customer’s email address during the sale of goods or services.
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Similar Products Only: You only use it to promote your own goods or services that are similar to what they purchased before (no cross-selling unrelated products or passing the address to third parties).
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Right to Object: The customer has not objected to receiving such marketing.
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Clear Information: You must clearly inform the customer—when collecting their email and in every marketing email—that they can object at any time, free of charge (other than basic transmission costs).
Why This Works Under GDPR
Normally, direct marketing requires consent. But Germany’s authorities have confirmed that when the conditions above are met, a business can instead rely on legitimate interest. This means you don’t have to ask for double opt-in for existing customers—but you do have to ensure your interests don’t override their rights.
To stay compliant, you must be able to prove:
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The email came from an existing customer relationship, and
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You provided transparent information about the marketing purpose at the time of collection.
What is an example of this?
Imagine a customer buys a pair of shoes from your online store. You can later email them about your new shoe ranges, but not about t-shirts from a partner brand. Each email must contain an easy unsubscribe link, reminding the customer of their right to opt out.