Question Clearly sourced

Expert knowledge for digital decisions

How to legally connect CRM and Newsletter?

Short answer

The key factor is not the technology, but the consent: it must be transferred along with proof of timing and method. Unsubscribes must take effect immediately in both directions. A contact who unsubscribes from the newsletter but is still marked as 'Newsletter: yes' in the CRM constitutes a legal violation with consequences.

What must be transferred

Not only the email address, but:

  • Whether consent exists
  • When it was granted
  • How – form, double confirmation, written
  • For what exact purpose

Without these four pieces of information, consent is not verifiable in a dispute – and thus practically worthless.

Unsubscribe in both directions

If someone unsubscribes via the unsubscribe link, this must be reflected in the CRM. Conversely: If a marketing objection is noted in the CRM, the newsletter system must not send further emails.

This reverse synchronization is missing in many integrations. It is the most common cause of complaints.

Existing customers

§ 7 Abs. 3 UWG allows advertising for similar products to existing customers under strict conditions without explicit consent – the email address must have been collected during the sale, the right to object must be mentioned with every use, and objection must be simple to exercise.

These contacts should be clearly distinguished from consensual contacts in the CRM, as different rules apply.

Technically

An integration via interface with bidirectional synchronization, not via CSV export. A monthly export means unsubscribes may take up to four weeks to take effect.

This text does not replace legal advice.

Key facts

Must be transferred
Whether, when, how and for what purpose consent was given
Most common error
Unsubscribe only takes effect in one direction
Existing customers
§ 7 Abs. 3 UWG, clearly distinguish

Sources

All external claims are backed by traceable sources.
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