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A mailing is direct marketing and falls under the GDPR and the Telecommunications Act: you may only email with valid consent, or under a soft opt-in for existing customers. The distinction between customers and users determines whether you may email and under what conditions.
The difference between a customer and a user
A customer is someone who has purchased a product or service from you; you usually have data about them from a sale. A user is someone who uses your service or platform but has not (yet) bought anything. This distinction is legally relevant for sending mailings.
Emailing customers: the soft opt-in
Under certain conditions, you may also email existing customers about your own, similar products or services without prior consent (the soft opt-in). The condition is that you obtained the data during a sale and that the customer can easily unsubscribe from every mailing.
Emailing users: usually permission required
For users who have not yet purchased anything from you, the soft opt-in often does not apply. In that case, you generally require prior, free, and specific consent to send them commercial mailings. Actively request this consent and record the purpose for which it was given.
Always cancel and notify
Every commercial mailing must contain a clear, free unsubscribe option, regardless of whether you are mailing customers or users. Additionally, inform data subjects via your privacy statement about what you do with their data.
Frequently Asked Questions
May I send my users a newsletter?
Often only with prior consent, because the soft opt-in usually does not apply to non-customers.
What is the soft opt-in?
The exception allowing you to email existing customers about similar own products, provided they can easily unsubscribe.
Does every mailing need to have an unsubscribe link?
Yes, a clear and free unsubscribe option is always mandatory.
Want to make your email marketing GDPR-compliant?
Our legal experts advise on consent and draft your privacy statement . View our privacyteam or schedule a free consultation.
