5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Check newsletters without new consent
Clarify before sending whether your list holds up.
You want to contact existing customers, registered users or free accounts by email without setting up a new opt-in? Before sending, we check whether the exception applies and whether objection notice, documentation and tool set-up would withstand a cease-and-desist letter.
Please enter a short description first.
The first contact is free of charge. You will receive an explicit notice before any costs arise.
Response within 24 hours on working days
As of: 23 October 2026
Mailing list before sending1 of 5
- Origin of addressesCheckoutPresent
- Similar own productsCheck
- Notice of right to objectMissing at collectionMissing
- Double opt-in evidenceAfter tool changeCheck
- Unsubscribes synchronisedMissing
Point of review: Opt-in data incomplete after migration
- 1Submit the flowForm and screens
- 2Separate the basesException or opt-in
- 3Sending lineApprove or stop
Schematic illustration of a newsletter review. Simplified example.
We review newsletter flows for
- Online retailers
- SaaS providers
- Platforms
- B2B sales
Key points at a glance
- Newsletters to existing customers without consent are only permitted under narrow conditions under Section 7(3) UWG.
- What matters is the origin of the address, similar own products, absence of objection and the notice of the right to object.
- If the exception does not apply, you need provable consent, in practice via double opt-in.
- ITMR reviews form, email and tool and gives you a clear sending line for approval, correction or stop.
- Your contact is Dominik Skornia and his team. He is an AI Privacy Expert (GDDcert. EU). Response on working days within 24 hours.
- SaaS
- Software as a Service. Software used over the internet rather than installed.
- DSGVO
- The EU General Data Protection Regulation (GDPR). It governs how companies may process personal data.
Approval question
When does newsletter approval become critical?
ITMR reviews newsletter and CRM flows where marketing pressure, sales interest and competition law meet.
May this address base and this mechanism be used for email advertising or not?
The question arises at checkout, in the registration process, in re-engagement flows, after tool changes, before a relaunch and whenever nobody internally wants to take responsibility for approval without a robust legal line.
Our main competition law page answers fundamental questions on the UWG, cease-and-desist letters and injunctions. It covers unfair competition law as a whole, including price advertising, comparative advertising, review advertising and court enforcement. This page deals with the special case of approving a newsletter or CRM flow without a new opt-in.
Our interactive newsletter check enables an initial self-assessment of consent, double opt-in and marketing to existing customers. We carry out the legal check before the flow goes live.
In our experience, many teams first discuss whether a newsletter is more informative or more promotional. Commercially riskier is the prior question of whether the address was robustly collected for exactly this use and whether the evidence can later be provided without gaps.
- For whom
- Retailers, SaaS, platforms, B2B
- Timing
- Before sending
- Basis
- Section 7 UWG, GDPR
- Result
- Sending line per segment
Send the form and a sample email using the form. We will get back to you on working days within 24 hours.
How it works
How do we review your newsletter flow?
Three steps to the sending line.
01
Submit the flow In our experience, the form, opt-in text, double opt-in email, tool screens and an example of the flow are enough to sort out the approval question.
02
Separate the bases ITMR checks whether marketing to existing customers is permitted, whether provable consent exists or whether certain segments must be followed up before sending.
03
Sending line You receive a concrete line for approval, correction, re-permissioning or a stop of sending and know which risks count commercially.
What we review in the consent check
- 1
Origin of the email addresses We check whether the address was collected in connection with a sale, registration, free account, demo request or other interaction and which legal line is realistically tenable.
- 2
Does the existing customer exception apply? It depends on whether own similar products or services are concerned, whether the right to object is clearly communicated at collection and in every message and whether the customer has already objected.
- 3
Is an opt-in provable? If the exception does not apply, everything depends on voluntariness, transparency, active action, the possibility of withdrawal and proof of consent. In our experience, this is the operational weak point in legacy lists and after migrations.
- 4
Is the process right? We review the sign-up form, checkbox text, double opt-in email, unsubscribe path, tagging, documentation, data trail in the tool and whether the privacy notice and advertising mechanism say the same thing.
How long does it take? We complete most work steps within a few working days. How quickly it goes depends on the scope and your feedback. Do you have a fixed date, such as a launch? Tell us right away in your enquiry and we will plan for it.
Result
What do you receive after the review?
Service package: newsletter check
Classification of the address base You receive a robust sending line instead of loose comments, starting with the legal classification of your addresses.
Exception or consent We distinguish between permitted marketing to existing customers and use that requires consent.
Concrete corrections Changes to the form, double opt-in, unsubscribe process and privacy notices.
Recommendation per segment Which segments should be approved, improved or stopped.
- For whom
- Companies with newsletter and CRM flows
- First response
- within 24 hours on working days
- Costs
- We tell you the costs transparently before you instruct us.
- Not included
- Ongoing approval of individual mailings. On request.
Who delivers what and who decides
- Form texts and screens
- Double opt-in email
- Tool documentation
- Sample email
- Classification per segment
- Suggested corrections
- Sending line
- Defence against cease-and-desist letters on request
- You decide on sending
- In a dispute, the court
How does the engagement work?
- 1
First assessment You send documents using the form. We assess where you stand. The first contact is free of charge.
- 2
Offer Before work begins, we tell you the scope and costs transparently.
- 3
Court steps separately If you wish, we agree defence against cease-and-desist letters and court proceedings separately.
Urgent situations
When does the approval question become urgent?
Four moments when companies contact us.
Landing page, automations and content are ready. The only open question is whether the contacts may be included in the mailing without new consent. What blocks things then is not a text detail but the origin of the address, similarity of the advertised service and quality of the objection notice.
In our experience, migrations from Mailchimp, HubSpot, Klaviyo, Brevo or in-house solutions show that double opt-in data, list structure, unsubscribes and origin tags have not all been carried over. A marketing question then becomes an approval stop.
Platforms, SaaS providers, publishers and membership models ask whether free accounts already fall within the scope of the exception. These cases need a narrowly focused review rather than a sweeping headline.
One team points to performance and existing customer benefits, the other to the GDPR, evidence and the risk of a cease-and-desist letter. Deciding in a structured way avoids conflict and operational back and forth before sending.
Typical case scenarios
In which cases is an enquiry useful?
Four constellations from our practice.
Checkout addresses are to be used for follow-up campaigns. After a purchase, you want to advertise similar products, upgrades, accessories or contract renewals and need to know whether the existing customer exception applies or an additional opt-in is required.
Free accounts, trials or registrations are to go into CRM flows. It must be checked whether this structure opens up the scope of the exception, how narrowly similarity must be drawn and what must be documented in the registration process.
Sales and marketing want to reactivate old contacts. It is unclear whether earlier leads, event contacts, demo requests or business cards may be used for email advertising. In our experience, exceptions are overestimated and documentation gaps underestimated in B2B.
Old lists are to be cleaned up or rebuilt. That requires a line on which segments are used, re-permissioned or removed completely from active marketing.
Typical mistakes
Where do companies build up unnecessary risk?
Four mistakes we see in newsletter reviews.
- Single opt-in as evidence Without confirmation, it is hard to show later that the owner of the address consented. In our experience, this only becomes apparent when a complaint or cease-and-desist letter arrives.
- Marketing to existing customers interpreted too broadly A previous purchase does not mean that every later campaign is permitted. Third-party products, unrelated offers, partner advertising and unclear similarity are problematic.
Objection mentioned only formally If unsubscribes, suppression lists, CRM synchronisation or segmentation are faulty, the risk arises in the sending process rather than in the statutory text.Privacy text and advertising mechanism diverge The form states a narrow purpose, but a broad mailing list is later filled in the tool. The set-up then fails because of its inconsistency.
Related topics
Which page fits if the case is broader?
If the focus lies elsewhere, these services are a closer fit.
When a cease-and-desist letter, injunction, deadlines and pressure from the other side already set the pace.
When the newsletter is only part of a larger advertising mechanism with pricing, labelling or campaign questions.
When the main question lies in legal bases, information obligations, contracts or communication with authorities.
For the current classification of the CJEU line on marketing to existing customers and registration constellations.
Legal framework
Which rules apply to email advertising?
Under Section 7(2) no. 2 UWG, email advertising without prior express consent is an unreasonable nuisance. Section 7(3) UWG permits marketing to existing customers if the address was obtained in connection with a sale. In addition, the advertising must be for own similar goods or services. There must be no objection, and the right to object must be clearly pointed out at collection and at every use.
The constellation lies in the interplay of Section 7 UWG, proof of consent, sales reality and the risk of cease-and-desist letters. Under data protection law, the requirements for consent under Art. 7 GDPR also apply.
- Section 7 UWG Unreasonable nuisance and the existing customer exception.
- Art. 7 GDPR Conditions for consent.
Limits
What does the newsletter check not cover?
We review the address base, texts and process. Some points remain with you.
- 1
No tool configuration Your team or service provider handles the technical implementation in the mailing tool.
- 2
Case law is evolving We review the CJEU line on registrations as of the date of the review.
- 3
Already sent Then first secure emails, screens, list origin, unsubscribes, workflow settings and internal approvals.
What you should submit for the review
- Form texts and screens from registration or checkout.
- Double opt-in email and tool documentation.
- Segmentation, privacy notices and sample emails.
- Short description of the planned mailing flow.
Your contact
Lawyer · AI-Privacy-Expert (GDDcert. EU) · External data protection officer
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
At ITMR, Jean Paul Bohne, Andreas Buchholz and Dr. Alexander Pleh hold the title of specialist lawyer for information technology law.
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“In the end, we did not need representation. But the consultation was very well organised and the information was easy to understand and matched our enquiry. Absolutely recommended!” (translated from German)
“Competent and great service!” (translated from German)
“I can definitely recommend the firm; Mr Skornia represented me superbly in the area of IT copyright.” (translated from German)
FAQ
What do companies ask about newsletters?
May a newsletter be sent to existing customers without double opt-in?
That can be permitted if the conditions for marketing to existing customers are fully met. What matters is the origin of the address, similarity of the advertised service, absence of objection and a clear notice of the right to object.
Is a checkbox in the form without a confirmation email enough?
An active checkbox can be one component of consent. In a dispute, what counts is whether the consent can be robustly proven. In our experience, double opt-in is therefore the safe standard in practice.
What applies to free accounts or freemium models?
Such models can fall within the scope of the exception, but not across the board. What matters is the business model, registration, commercial connection, similarity of the advertising and the design of the opt-out at collection and in each mailing.
Are B2B newsletters without consent more easily permitted?
No. In our experience, exceptions are overestimated in a business context too. The standard is whether a robust exception or provable consent actually exists, not merely the business address.
What should I submit for the review?
Helpful are form texts, screens from the registration or checkout process, the double opt-in email, tool documentation, segmentation, privacy notices, sample emails and a short description of the planned mailing flow.
What happens if mailings have already been sent?
Then first secure the actual sending configuration: emails, screens, list origin, unsubscribes, workflow settings and internal approvals. We then assess whether adjustment, defence or an immediate stop of sending makes sense.
Next step
Can your mailing list be used robustly?
That should be decided before sending. If the approval question depends on origin, the existing customer privilege, double opt-in or tool documentation, we structure the room for manoeuvre quickly. This creates clarity for marketing, data protection, sales and management.
Particularly helpful at first contact
- Sign-up form
- Sample mailing
- Privacy notices
- Tool screens
- Whether mailings have already been sent or a launch is coming up
You can also submit documents after our first response.
Request a newsletter check
Send the form, opt-in text and an example of the flow. We will tell you the sending line.
Useful are the sign-up form, opt-in text, double opt-in email, screens from the CRM or mailing tool, privacy notices and an example of the planned flow.
Related services
Competition law UWG, cease-and-desist and injunctions.Advertising law Advertising mechanics and labelling.Data protection law Legal bases and information obligations.Marketing law Overview of marketing law.Interactive newsletter check Initial self-assessment.Marketing compliance Secure approvals.Review website data protection Review website and cookies.
From our blog: Email advertising: the CJEU line on marketing to existing customers · Unwanted advertising