Complaints about unsolicited e-mails

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.

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

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.

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

none

• § Section 823 (1) of the German Civil Code (BGB) (liability for damages)
• § Section 1004 of the German Civil Code (BGB) (right to removal and injunctive relief)
• § Section 1 of the Unfair Competition Act (UWG) (purpose of the Act)
• § Section 3 of the Unfair Competition Act (UWG) (prohibition of unfair competition)
• § Section 7 of the Unfair Competition Act (UWG) (Unreasonable harassment)
• § Section 8 of the Unfair Competition Act (UWG) (removal and omission)
• § Section 2 of the German Act on Injunctions for Breaches of Consumer Rights and Other Infringements (UKlaG) (injunctive relief for practices contrary to consumer protection)
• § Section 3 of the German Act on Injunctions for Breaches of Consumer Rights and Other Infringements (UKlaG) (Entitled entities)
• § Section 13 of the German Act on Injunctions for Consumer Rights and Other Infringements (UKlaG) (right to information of the entities entitled to claim)
• Complaints regulations of the eco-Internet Complaints Office

30.10.2020