The Federal Government

End customer advertising as well as advertising in the commercial sector the recent bill for the regulation of the audit and to change data protection regulations are affected”significantly exacerbated the existing privacy policy in accordance with the rules of the UWG (unfair competition law). The German Government plans to allow the use and dissemination of consumer information only for specific consent. In addition, the introduction of a privacy seal is planned. The influence of citizens on the use of their personal data for purposes of advertising, market and public opinion research will be strengthened by the law. But not only the advertising in the consumer environment is affected. Also the sales activity in the commercial area of B2B is massively hampered and makes it difficult, in addition to the already existing UWG problem for advertisers. In particular, the call center industry as well as dialog marketing agencies, service provider for proactive telephone marketing and Adresshandler is the most affected.

According to UWG already hailing cease and desist letters and court judgments. Balance on a narrow level”B2B advertising companies looking for new customers in the end consumer environment as well as in the field. F. Alexander KEP direct marketing representative of the communication agency S.M.S. – Saha marketing service GmbH in Frankfurt next: not are small – and medium-sized enterprises are often about the legal consequences of their commercial trade in the clear. In particular, the implementation of mailings and the whole area of dialog marketing are affected by the new legislation.” The Federal Government does not recognise as Minister of the Interior Schauble “that the targeting of advertising for many companies is an important means of customer acquisition and customer loyalty and partly to conversion processes will lead the redesign of the list privilege for the concerned business circles.” However, Therefore “the Bill for certain areas of exceptions to the requirement of explicit consent see above.”