Often customers have questions about the legal aspect of mailings. Due to various reports on the Internet and in newspapers many are unsure.
We can reassure you:
OPT-IN / agreement of the B2B customer – not mandatory!
(GDPR didn’t affect this part!)
In regard to opting-in, we successfully back up, amongst others, the (last instance) BGH judgment I ZR 75-06, as of 2008.
By publishing data such as a fax number, an address, email, in public places such as an internet site, in an online advertisement, newspaper advertisement, business directory / trade directory, if registered by entrepreneurs themselves, one can assume the implied consent that the entrepreneur may be contacted for advertising purposes.
But that does not mean that one can now offer them e.g. radar warning devices, or bombard the individual with any advertising, it must be clearly in line with the daily business. For example, when you are offering HoReCa supplies, the target group is e.g. gastronomy / overnight accommodations of all kinds. One may therefore, without explicit consent send the customer information that relate to the daily business needs, e.g. offer drinks, fish products, workwear, cutlery, etc. by fax, email, mail, but no radar alarms or rheumatism blankets, and no paper clips or general office supplies, it has to be about the day’s business.
And the advertising must be kept within limits, so do not overload, e.g. no multi-page fax, no email with huge attachments, etc.
GDPR Notice: Also Bulgaria is, as you know, in the EU and has to stick to the GDPR. We do not offer private data while researching our B2B addresses, we do not store any personal data, such as private address, private email, credit data, marital status, date of birth… Our addresses are in accordance with the General Data Protection Regulation (GDPR).