Background The content of the 20-page Guidance is broadly consistent with the previous version from November 2018. The most significant difference between the two documents is that the updated version does not contain any statements on the permissibility of data processing for third-party advertising purposes. The Guidance explicitly 'does not address the issue of address trading, as separate consultations will be held on this topic'. In this regard, it will be interesting for data brokers to watch out for bespoke regulatory guidance. Perception of direct marketing in Germany Direct marketing has become known in recent years in connection with fines in Germany. In July 2020, the Baden-Württe
Insight
Germany: Revised DSK guidance on direct marketing
May 5, 2022
Summary
The German Data Protection Conference (DSK) issued revised guidance on personal data processing for direct marketing under GDPR, highlighting changes from the 2018 version, such as the exclusion of third-party advertising. The guidance discusses the legality of direct marketing practices, consent requirements, and the interaction of competition law with GDPR. It also addresses marketing profiling, information obligations, and the validity of consent, recommending regular renewal of consent for transparency. Companies are advised to align their marketing campaigns with GDPR and UWG, especially in Germany, where direct marketing rules are strictly enforced.