Double-opt-in: meaning, legal basis & a dubious warning lawyer

If you want to send a newsletter, sometime stumbles in the course of the institution on the terms opt-in, double-opt-in and opt-out. Currently, basically the only techniques are to send such advertising e-mails without violating the laws. Giga explains the meaning of the terms as they work and who was guilty of it was necessary.

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1. 1.Double-opt-in: statutory basics
2. 1. How do Double-Opt-in and Single-Opt-Out work?
3. 2.1. weaknesses of the method
4. 3.Why is necessary Double-Opt-In - Is not a hook?

Opt-in means that someone has once decided to be there at anything. In most cases, this is needed in connection with the consent to receive advertising. Because without consent, no contact for advertising purposes may take place in many countries.

_NERVIGE advertising calls can be blocked almost as easy as spam e-mails: _

Double-Opt-in: Legal basis

Anyone who deals with the topic will say with astonishment that Double-Opt-in no statutory technology is for contacting. It has simply proved to be the best internet method to meet another rule: The perfectly detectable consent of the recipient for contacting advertising purposes.

Who in any form, be it by e-mail, SMS or by phone, with potential customers, needs their consent or can be entered. The basis for this is the " law against unfair competition ", according to which contact without consent represents a unreasonable harassment . Without the consent, it is a competitive infringement . Should be called: In the competition for the market is disadvantaged to all those competitors who hold on to the rules.

Interestingly, this rule does not apply to advertising letters that come with the post office. While they are also perceived as disturbing, but are quickly disposed of and therefore allegedly less harassing than an e-mail that you could delete with one click. The scale in this case is the frequency of advertising: two letters per year are less disturbing than 3 e-mails per week. Important in this consent is that the sender of advertising can also prove this . And here so far, the double-opt-in (also referred to as closed-loop-opt-in) has proven to be the best way that was also sufficiently confirmed by the BGH in 2011.

The law also requires that one can revoke his consent to advertising reception at any time. This is intended to be without great circumstances, the most easy way. The result is the "single-opt-out".

How do Double-Opt-in and Single-Opt-Out work?

Double-opt-in can be translated with "two-time consent".

• Refers to the recipients of such e-mails or telephone calls, for example, set a approval hook for contacting in a raffle form.
• Then the specified e-mail address sends a confirmation mail that contains a link .
• This Link leads to a web page of the program , which is used for newsletter shipping.
• Only when someone clicks on this link and calls the associated web page If the e-mail address is entered in the list of confirmed recipients . If you ignore the e-mail, do not click on the link or does not even receive anything, nothing happens.

In this case you can not get advertising, because you have not agreed to your reception and the sender can not prove that either.

Who sends such e-mails, must also provide a way to contradiction. Normally, it is enough for the recipient to send a formless e-mail and one deletes it from the distributor. But that's mistakes, because maybe you do not have the staff to constantly monitor the entrance of such emails and react to it.

For this reason, almost all senders have been transferred to the method of "Single-Opt-Out": This is in every newsletter - mostly at the end - a link to discharge from the distributor . If you click on it, you will be removed from the database immediately and no e-mails get more.

Weaknesses of the method

The Double-Opt-In is actually only one method for obtaining the consent while verifying the recipient's e-mail address. If a specified telephone number is right, can not be checked . On the basis of this method to start a telephone marketing campaign, so always liable with a certain risk.

Why is Double-Opt-In necessary - is not a hook?

If only one hook is set in an online form, the "Single-Opt-In" is called. If you want to rely on it, then it has to be clearly readable and understandable on the web page, what you actually agree and what you then count on.

One of the problems is that the connection between the specified data and a uniquely assignable consent does not exist. Should mean: You can also enter the e-mail address or phone number of wildlife who just did not agree with such forms. Without a testing confirmation e-mail, shipping to these persons is illegal.

Since the 1980s, the controversial Munich "Warnwalt" Günter Freiherr von Gravenreuth has taken advantage of the source of money. Allegedly, Third carried his data into such forms. Then he got the confirmation e-mails . Instead of simply ignoring that, he felt harassed by this "contact" and sent cheerful warnings.

He also tried at the newspaper "Taz", which he fought. Over the course of the dispute, it has clearly been clarified that such confirmation emails are permitted and in itself no advertising contact.

Günter by Gravenreuth was increasingly entangled in his scams and was convicted in connection with the "TAZ" due to fraud to a prison sentence, which at the same time meant the end of his legal career. He chose the Freitenon.

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