Beschwerden über unerwünschte E-Mails

Spam e-mails are unsolicited and/or unwanted electronic advertising messages sent to you in which services and/or products are advertised.

Spam e-mails are unsolicited and/or unwanted electronic advertising messages sent to you in which services and/or products are advertised.

They constitute an infringement of your personal rights or, if sent to companies, an infringement of commercial operations. Anyone who receives spam e-mails can demand that the sender stop sending spam e-mails to them (injunctive relief under civil law).

A distinction is made between two types of spam mails:
(a) general spam e-mails, i.e. advertising e-mails and newsletters to which you have not subscribed and
b) specific spam emails, i.e. emails with illegal content or which refer to illegal content (e.g. child pornography or incitement to hatred).

The Internet Complaints Office accepts complaints about spam e-mails.

Note
The information applies to both types of spam mails listed here.
Spam mails also violate the Unfair Competition Act (UWG). This gives rise to an independent right to injunctive relief for competitors of the sender of a spam e-mail. You can assert this injunctive relief yourself or contact a legally competent association for the promotion of commercial or independent professional interests. This association can enforce the injunctive relief.

the spam mail with its metadata (original header in MSG or EML format)

The following are entitled to complain

a) private individuals who receive spam e-mails or
b) companies whose commercial activities are impaired or disrupted by a spam e-mail.

In the case of complaints about general spam emails, the email must be in German, unsolicited and contain advertising.

Note
An e-mail contains advertising if it promotes products and/or services. Unsolicited means that you receive the e-mail without your consent.

none

Please send your complaint by e-mail to the Internet Complaints Office. Please use the following e-mail addresses, depending on the type of spam e-mail:

• for all spam e-mails that were sent to you without your request: allgemeiner-spam@internet-beschwerdestelle.de
• for all spam emails that also contain or refer to illegal content: besonderer-spam@internet-beschwerdestelle.de

The complaints office requires information about the sender or the recipients of the spam mail. This information in the sender field of the spam mail is not sufficient. You must therefore forward the e-mail with the header (original header) to the Internet Complaints Office.

The complaints office will check the subject of the complaint. As far as possible, the complaints office will take the following steps:

• It requests the sender to comply with the legal requirements for sending advertising emails in future.
• If the sender does not comply, the Complaints Office will require you to provide an affidavit stating that you
  did not request the e-mail and
  you have no business relationship with the advertising company.
• It will forward the information obtained and the spam e-mail to the Wettbewerbszentrale or the Federation of German Consumer Organizations. The latter can assert claims for injunctive relief.
• It requests the e-mail provider to take measures to prevent further spam campaigns.
• It draws the attention of the host provider whose website is being advertised by means of spam to the spam campaign. The provider can then take appropriate steps (e.g. contract termination).
• If the spam mail contains indications of number misuse, it will report this to the Federal Network Agency.

Note
The complaints office will not inform you of the status of the procedure or its outcome. The reason for this is the large number of complaints received. Exceptions are possible.

• Spam e-mails are unsolicited and/or unwanted electronic advertising messages sent to you in which services and/or products are advertised.
• They constitute an infringement of your personal rights or, if sent to companies, an infringement of commercial operations. Anyone who receives spam e-mails can demand that the sender does not send them any spam e-mails (civil injunctive relief).

Please send your complaint by e-mail to the Internet Complaints Office. Please use the following e-mail addresses, depending on the type of spam e-mail:

• for all spam e-mails that were sent to you without your request: allgemeiner-spam@internet-beschwerdestelle.de
• for all spam mails that also contain or refer to illegal content: besonderer-spam@internet-beschwerdestelle.de