First-class addresses for mailings with direct contact to decision-makers

Yes, the use of business addresses for direct marketing purposes is legally permitted. This is based on Article 6(1)(f) of the General Data Protection Regulation (GDPR). This regulation permits the processing of company data and, where applicable, personal data of contact persons if this is necessary to pursue the legitimate interests of the controller or a third party, provided that the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data do not prevail. Direct marketing is explicitly mentioned as a legitimate interest in Recital 47 of the GDPR.
However, additional data protection requirements must be observed when using business addresses. This includes the obligation to inform data subjects about data processing and to grant them the right to object to the use of their data for direct marketing purposes.

To ensure compliance with the General Data Protection Regulation (GDPR), beDirect adheres to the recommendations of the German Dialog Marketing Association (DDV). This relates to informing data subjects about the processing of their data and their rights, in particular the right to object.

We recommend that advertisers refer to the following points in their marketing materials, whether in mailings by means of a footer text or in telephone campaigns:

• The identity of the responsible body,
• The right to object to data processing,
• Additional data protection information available on our website.

What should you consider when carrying out telemarketing?

Telemarketing in the business customer sector (B2B) is permitted under certain conditions, whereby the following legal framework conditions must be observed:

• Observance of Section 7 UWG: Making contact by telephone for business purposes is permissible if it can be assumed that the companies contacted have a presumed interest. This is usually the case when offers are industry-specific or job-related.
• Compliance with §7a UWG: It is necessary that the explicit consent of the contacted consumers is documented and kept for five years. These documents must be accessible at all times, especially if requested by the competent authorities. include documentation options:
  • System records,
  • written consents,
  • digital consents.
• Duty to inform and right to object: It is important that the persons contacted are informed of their data protection rights during the telephone call, including the right to object to the processing of their data.

E-mail advertising is only permitted if express consent has been given, in accordance with §7 para. 2 sentence 1 UWG. This means that the consent of the recipient must be obtained before sending, and the responsibility for proving this consent lies with the advertiser.

A mere single opt-in, i.e. the simple registration of an e-mail address on a website, does not meet the legal requirements. Instead, the double opt-in procedure has become common practice. In this process, the recipient actively confirms their consent by clicking on a confirmation link in an e-mail sent after registration.