Email marketing or push notifications - what's better?
This question is asked by many webmasters and advertising departments. But where is the difference?
Newsletters are a popular way to reach customers. But legally there is much to be considered here. For example, agreeing to receive newsletters is a highly sensitive topic. The Federal Court of Justice has made clear in its judgment of 14.03.2017, Az .: VI ZR 721 / 15 a lot with regard to the consent in e-mail marketing.
(ZD 2017, 327, beck-online)
It means that the customer's consent to receive newsletters, for example, is based on the general provisions on general terms and conditions in accordance with §§ 305 ff. BGB. For example, the wording “you receive interesting offers” to describe the subject of the future newsletter would be ineffective in accordance with Section 307, Paragraph 1, Sentence 2 of the German Civil Code (BGB), since customers cannot see what the advertising is about.
Another example of an inadmissible consent to the receipt of advertising, the OLG Cologne with judgment v. 23.11.2007, Az .: 6 U 95 / 07 seen in the following formulation:
In the present case, the point was that a company wanted to use the customer data of its raffle participants for other purposes, which have nothing to do with the actual raffle. Such a coupling violates several laws. For example, against the coupling ban of the DSGVO.
You should therefore check your texts for the approval of newsletters or present them to a law firm specializing in IT law.
Yes, the GDPR is important in two ways.
Now the question arises as to how push notifications behave in contrast to traditional email marketing. The advantage of a push notification is very clear. This is pushed directly onto the screen of a smartphone, tablet or notebook, without first and automatically landing in the SPAM folder.
The information requirements are the same as in conventional email marketing. So you have to inform your customers in a clear, simple and unambiguous way that you want to send them such messages.
Unlike the newsletter registration, however, there is technically (still) no possibility of a double-opt-in, so that it could be easier to provide clients with legally compliant advertising. In addition, there may be some facilities for unsubscribing push notifications. After all, customers can also carry out the so-called opt-out directly on their terminal without the hoster having to be active.
If you have any questions about the legally compliant handling of e-mail marketing or push notifications, then ours Lawyer Stephan Hendel gladly available.