Important Decision for the Area of Email Marketing: Multichannel Consent Legal After All?

Following a long period of inactivity on the topic, the German Federal Court of Justice (BGH) got to grips once more with the subject of email marketing. In its judgment of 01.02.2018 -III ZR 196/17, the BGH has now ruled that a single consent to advertising can refer to several communication channels at the same time without infringing on the conditions of Section 7, Para. 2, Nos. 2 and 3 of the German Act against Unfair Competition (UWG). The BGH formulated its guiding tenet as follows:

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