MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
You may not simply send newsletters. In addition to the GDPR, the Telecommunications Act applies: in principle, you need consent for digital newsletters. An exception is the so-called 'soft opt-in' for existing customers and similar products or services.
Two rules: GDPR and Telecommunications Act
For a newsletter, you process email or address data, which constitutes personal data under the GDPR. In addition, the Telecommunications Act imposes requirements on the sending of unsolicited electronic messages. You must comply with both.
Consent as a starting point
In principle, you need consent to send a digital newsletter. This consent must be free, specific, and verifiable — for example, via an active subscription (opt-in). A pre-ticked box or a hidden subscription does not suffice.
The soft opt-in for existing customers
Under certain conditions, you may also email existing customers about your own, similar products or services without prior consent. However, a condition is that you obtained the data during a previous sale and that the customer can easily unsubscribe from every newsletter.
Always an option to unsubscribe
Every commercial newsletter must contain a clear, free unsubscribe option. If someone unsubscribes, you no longer process their mailing list for that newsletter. Keep your mailing list and consent up to date.
Frequently Asked Questions
May I send a newsletter to my existing customers?
Under a soft opt-in, often yes, provided it concerns comparable own products, you received the data during a sale, and the customer can easily unsubscribe.
Do I always need permission?
In principle, yes for new contacts. For existing customers, the soft opt-in may apply subject to conditions.
Should every newsletter have an unsubscribe link?
Yes, a clear and free unsubscribe option is mandatory.
Sending your newsletters GDPR-compliant?
Our legal experts advise on consent and the Telecommunications Act and draft your privacy statement . View our privacyteam or schedule a free consultation.
