Die Einwilligung im Direktmarketing durch Fernkommunikation

A central requirement for the admissibility of direct marketing is the prior given consent of the recipient to the transmission of the advertising. The admissibility of direct marketing with means of remote communication often fails because it can't obtain effective consent. The author addresses the requirements for such consent. The work deals, among other things, with the question of the legal nature of consent. Since the GDPR came into effect, there is reason to address the question of the admissibility of implied consent in the area of consumer law. Presumed consent is also discussed. The intensity of harassment of communication media in the weighing of interests as well as the ability to give consent are discussed.