The placement of third-party content is generally possible if the recipient's consent also extends to this third-party content. Exceptions exist for purely editorial newsletters in which clearly recognizable third-party advertisements are placed.
As already mentioned, the UWG requires prior express consent when sending an email newsletter. This consent must relate to the "specific case". However, this does not mean that separate consent must be given for each individual advertising measure. Rather, it is crucial that the declaration of consent makes it clear which specific companies are allowed to france phone number data advertise which specific products. For example, the general description "interesting products or services" would not be sufficient, as the recipient has no idea what and, above all, who might be approaching them.
Exceptions may, however, exist for editorially designed newsletters in which individual advertisements from companies are placed alongside the editorial content. In this case, in addition to the general consent to receive this newsletter, no additional consent for advertising space from third parties needs to be obtained.
However, the following points must be taken into account:
Third-party advertising is clearly recognizable as such or marked accordingly.
Third-party advertising is not a main component of the editorial newsletter.
The content focus of the newsletter is information from the company that has received prior consent from the recipient.
So-called "stand-alones", where the focus is on the offer of a third-party provider, are not covered by this exception. In this case, the required consent is missing because the recipient has only consented to an editorial newsletter from a company. In this case, the third-party advertising is not an accessory, but a main component of the newsletter. The same applies if the recipient was entitled to assume that the newsletter did not contain third-party advertising at any time. This would be the case, for example, if the addition "permanently ad-free" was used for advertising or if the newsletter was not sent with prior consent but due to the exception provision in Section 7 Paragraph 3 of the German Act Against Unfair Competition (UWG). In the case of the exception provision, in principle only the person who acquired the data as part of a customer relationship and whose own products or services are being advertised may appear.