As a lawyer, one is always surprised at how sometimes certain legal topics cyclically resurface in courts. At least this is how it feels when users give their consent to receive e-mails or newsletters. A week ago I reported on the decision of the Kammergericht in Berlin, which ruled that in the case of consent to send a weekly newsletter only exactly 1! Newsletter per week may be sent. .
Now I became aware of a decision of the district court of Munich from 14.02.2023, which has just decided:
1. according to the circumstances of the individual case, the expiry of an originally granted consent to the sending of e-mail advertising can be assumed. This is in any case the case if an account to which a newsletter was subscribed has not been used for a period of four years and no further advertising has been sent in the knowledge of this.2. in such a case, the advertiser must inquire from the recipient whether the original consent continues to exist before sending the e-mail advertisement again.