Source: BUS Sachsen-Anhalt (Linie6PLus)

Report spam mails commercially

Description

Spam mails are unsolicited and/or unsolicited electronic promotional communications sent to you promoting services and/or products.
They represent an interference with your personal rights or, if sent to companies, an interference with the commercial enterprise. Anyone who receives spam mails can demand from the sender not to send spam mails to him or her (civil injunctive relief).

There are two types of spam:

a) general spam mails, i.e. promotional e-mails and newsletters to which you have not subscribed, and
b) special spam mails, i.e. e-mails with illegal content or which refer to illegal content (e.B child pornographic or inciting content).

The Internet Complaints Office accepts complaints about spam mails.

Hint
The information applies to both types of spam e-mails listed here.
In addition, spam mails violate the Unfair Competition Act (UWG). This results in an independent claim for injunctive relief for the competition of the sender of a spam e-mail. You can assert this claim for injunctive relief yourself or contact an association with legal capacity for the promotion of commercial or independent professional interests. The latter can enforce the claim for injunctive relief.

Prerequisites

The following are entitled to lodge complaints:

a) private individuals who receive spam mails or
b) Companies that are impaired or disturbed by a spam e-mail in their commercial activity.

In the case of complaints about general spam mails, the e-mail must be in German, have been sent unsolicited and contain advertising.

Hint
An e-mail contains advertising when it advertises products and/or services. Unsolicited means that you will receive the email without your consent.

Required documents

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

Fees (costs)

none

Procedure

You should send your complaint by e-mail to the Internet Complaints Office. Depending on the type of spam mail, please use the following e-mail addresses:

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

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

The Complaints Body shall examine the subject matter of the complaint.
As far as possible, the complaints body shall take the following steps:

It calls on the sender to comply with the legal requirements for sending advertising e-mails in the future.
If the sender is incomprehensible, the complaints office requires an affidavit from you that you
have not requested the e-mail and
have no business relationship with the advertising company.

It transmits the findings and the spam e-mail to the Competition Centre or the Federation of German Consumer Organisations. The latter may assert claims for injunctive relief.

It calls on the email provider to take measures to prevent further spam actions.
It draws the attention of the host provider, whose website is advertised by means of spam, to the spam action. The latter can then take appropriate steps (e.B. contract termination).
If the spam e-mail contains indications of misuse of the call number, it reports this process to the Federal Network Agency.

Hint
The Complaints Office will not inform you of the progress of the proceedings and their outcome. The reason for this is the large number of complaints received. Exceptions are possible.