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Newsletters, influencer campaigns and health or environmental claims engage different rules. Review starts with what the advertisement actually says and how its audience understands it.
What we examine
- Trace consent and any applicable statutory exception for direct marketing.
- Check advertising disclosures, music and image rights and agency arrangements.
- Match substantiation for performance, health and environmental claims to the statement and product.
Key legal considerations
A publicly listed business email address does not automatically permit marketing emails. The existing-customer exception also has conditions. A track available on a platform is not necessarily licensed for every commercial campaign.
Illustrative practical example
A sales team adds trade-fair contacts to a newsletter. What matters is the consent actually given and documented, rather than the exchange of a business card alone.
Documents for the review
Campaign materials, consent wording and logs, contact sources, supporting evidence and agency or creator contracts.
Advice and next steps
horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.
First steps · Undertakings · Court proceedings
Legal source: Official legislation. The assessment depends on the individual case.
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