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Emergency

Stop spam and unwanted advertising emails: how to defend yourself

Advertising emails are in principle allowed only with your prior consent. If you receive advertising without consent, that is an unreasonable nuisance, you can object, demand a cease-and-desist, and, in case of repetition, initiate further steps.

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Your chances of getting your money back

Advertising by email is in principle unlawful without prior express consent (§ 7 UWG). You are entitled to have the sending stopped.
Every advertising email must have a working unsubscribe link and a complete legal notice (Impressum). If that is missing or the advertising continues after unsubscribing, you can demand a cease-and-desist.

What you should do now

  1. 1

    1. Unsubscribe and document

    Use the unsubscribe link and save the emails (sender, date). That way you prove a continued nuisance.

  2. 2

    2. Demand objection/cease-and-desist

    Call on the sender in writing to stop any further advertising and refer to the ban on advertising without consent.

  3. 3

    3. Escalate if they persist

    If it continues, a cease-and-desist declaration with a penalty clause or a complaint to the data protection authority comes into consideration.

  4. 4

    4. Sort out phishing

    Watch whether it is real advertising or phishing, do not click suspicious links.

How to spot the scam

  • Advertising emails come even though you never consented.
  • The unsubscribe link does not work or advertising keeps coming anyway.
  • A complete legal notice (Impressum) is missing in the newsletter.

Frequently asked questions

Is advertising by email allowed without consent?

No. Email advertising in principle requires your prior express consent (§ 7 UWG). Without it, the sending is an unreasonable nuisance against which you can take action.

What can I do against spam?

Unsubscribe, document further emails, and call on the sender in writing to cease and desist. If it continues, a cease-and-desist declaration with a penalty clause and a complaint to the data protection supervisory authority come into consideration.

Does this also apply to existing customers?

For your own existing customers there is a narrow exception for advertising of similar products, if you did not object and were informed of the right to object. Outside these narrow limits, the consent requirement remains.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.