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Germany: DSK publishes updated guidance on direct marketing

The German Data Protection Conference ('DSK') published, on 18 February 2022, a revised guidance on the processing of personal data for direct marketing purposes under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In particular, the guidance supplements, among other things, information obligations and the conditions for consent. In addition, the guidance notes, among other things, that with respect to informed consent, being informed requires that the type of intended advertising, for example, letter, email, SMS, telephone, or fax, as well as the products or services to be advertised and the advertising companies are also mentioned in order to meet the requirements of the case law that has been issued so far.

Furthermore, the guidance outlines that for consent, a separate text or text section without any other content is to be used on a regular basis and if the declaration of consent under data protection law is to be given together with other, in particular contractual declarations in writing or in an electronic format, it must be presented in a manner that is clearly distinguishable from other facts in accordance with Article 7(2) of the GDPR. Moreover, the guidance states that apart from explicit consent under Article 9 of the GDPR, the GDPR does not contain a permission standard for the processing of special categories of personal data for advertising purposes, hence it must be examined in each individual case whether conclusions about the health of a person can be drawn from the fact that they are a customer of a certain company in the health sector.  

You can read the guidance, only available in German, here.