When is a declaration of consent sufficiently “concrete”?
Recently, the German Federal High Court of Justice (BGH) looked at the question of whether a pre-formulated declaration of consent was “concrete” enough to serve as permission for the sending of commercial emails.1 The CSA must also frequently deal
with this issue when confronted with complaints. Around 50% of the disputed consents were deficient when it came to how concrete they were. The core problem is due to the declaration of consent being formulated too broadly and therefore inadmissible as general consent. So, let’s have a look at the requirements for how concrete a reformulated declaration of consent needs to be.