Opt-out

Opt -out ( engl. to opt ( for something ), opt ', opt for something ') referred to Permission Marketing in contrast to the opt-in process automatic inclusion in a distribution list for newsletters, for example, after the purchase in a online shops or signing up in an online community. The receiver often gets the opportunity to be removed from the distribution list of the provider, if he does not want any more publicity only when sending the e- mail or SMS.

This method is applicable in e -mail marketing as untrustworthy and as spam.

The often formally correct offered in e- mail sub-line opt-out links are often only used to e- mail address for verification purposes: An e -mail recipients, following the opt- out link is existent and is - he mostly incomprehensible - the future must expect to be inundated with more targeted advertising.

Legal situation in Germany

Since the payback judgment of the Supreme Court of 16 July 2008 ( Case No. VIII ZR 348/ 06), this method is not permitted. According to the new legislation (2005) sending unsolicited e- mail advertising ( Unsolicited Bulk Email, UBE ) no longer applies as permitted and may be prosecuted. Thus, the opt -out procedure is no longer the law. For certain promotional activities prior stated or presumed consent is necessary. This is primarily regulated in the Law against Unfair Competition, § 7, paragraph 2, point 2 and 3 of 2004. Bypasses this verdict in the advertising industry often. By sending e-mails from distant third countries legally uncertain situation

The Federal Supreme Court in July 2008, the " severability of a form-type, opt-out declaration ".