Why is the approach different in Germany?

For certain electronic marketing purposes, the German Unfair Competition Act takes precedence over the ePrivacy Directive and the GDPR. Section 7 (3) UWG 2010 allows for exceptions similar to the soft opt-in approach to consent collection. In February 2022, the German Data Protection authorities published standardised guidance on direct marketing laws, detailing the circumstances in which email soft opt-in can be lawfully relied upon. So long as details are obtained in the context of a sale, the customer has not objected, and the customer is given due notice that their email will be used for the purposes of direct marketing, soft opt-in may be relied upon as a lawful basis.