Step one: Withdraw consent to data processing
Article 21(2) of the General Data Protection Regulation (GDPR) states: “If personal data is processed in order to operate direct advertising, the data subject has the right to object at any time to the processing of personal data relating to them for the purpose of such advertising.” This means that companies must refrain from sending electronic and postal advertising when asked to do so. According to the Schleswig-Holstein consumer advice center, companies that do not comply with the consumer’s request will have to pay a fine.
Therefore, it is recommended to withdraw the declaration of consent to data processing either (if possible) on the company’s website or customer portal or to ask for a desist by post as a registered letter with acknowledgment of receipt. This is also possible by email. The Schleswig-Holstein consumer advice center recommends the following wording: “I object to the processing of my personal data for the purpose of direct advertising (Article 21 paragraph 2 of the General Data Protection Regulation).” But it is even easier to have the sales letter returned to the sender. You should make your own address illegible to be on the safe side and write on the letter: “Return postage paid to sender! Unwanted shipment.” Because the original sender (in this case the company) has to pay the post office for the additional costs of such returns, they would often stop advertising afterwards to avoid being left with additional costs.
“No advertising please” stickers help against unaddressed advertising
While a simple sticker with the inscription “Please no advertising” does not help against such so-called direct mail, because Swiss Post is obliged to deliver addressed mail, you can use it to quite simply block advertising that is not directly addressed and Refuse direct mail to the whole house or advertising from political parties. The Federal Court of Justice decided this more than 30 years ago (Az. VI ZR 182/88). “Opt-Out” means that advertising must be explicitly rejected. There is an initiative that advocates the introduction of the “opt-in” system: one would have to actively consent to wanting to receive advertising. In addition to the Federal Association of Consumer Centers, the German Environmental Aid (DUH), which breaks down in a brochure that 1.06 million tons of unaddressed advertising is printed in Germany every year, advocates this.
Alternatively: Have it removed from the Robinson list
If supply companies throw in unaddressed advertising despite the “No advertising please” sticker, or if a company does not refrain from sending addressed advertising even after explicitly withdrawing consent to data processing, those affected can have themselves removed from the Robinson list. “You will then be removed from the currently existing address lists of all advertising companies that are members of the German Dialogue Marketing Association (DDV),” explains the Schleswig-Holstein consumer advice center. The deletion can be ordered online or by post.
As a last step, one could of course also go to court and sue the company on the basis of paragraphs 823 and 1104 BGB for violation of personal rights and the existence of a tortious act. But beware: High legal fees can arise here.
Olga Rogler / Editor finanzen.net
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