New guidelines related to the collection and usage of personal data for advertising purposes were published by a German data protection working group that was established by the German Data Protection Authorities (DPAs).

1. Germany Issues New Guidelines on Personal Data Used for Advertising
(Bristol, UK) - New guidelines related to the collection and usage of personal data for advertising
purposes were published by a German data protection working group that was established by the
German Data Protection Authorities (DPAs). These new guidelines were published in December 2013
and are in addition to those previously released in November 2012, says Nair & Co., which provides
international expansion services for companies operating overseas.
These guidelines are applicable to all companies carrying out German advertising operations regardless
of advertising medium (email, telephone, mail) and targetmarket (business-to-consumer and business-
to-business).
Three significant points covered under these new guidelines are:
 Consent: Guidelines issued in 2013 clarify that business cards left at a trade show for receiving
information would be deemed as consent to contact the person mentioned on the business
card. Further, the new guidelines outline rules for advertisements via electronic advertising such
as e-mail or SMS.
 Usage Rights/Right to Object to Use of Personal Data: The 2013 guidelines provide clarification
on a person’s right to opt-out of being contacted for advertising purposes (either in writing or
otherwise). Organisations shall remove individuals from their contact list without “undue delay”
after being informed from the individual that he/she no longer wishes to be contacted. The new
guidelines further remind organisations to include a statement about an individual’s right to
opt-out on every marketing communication.
 Exceptions related to “List Privilege”: Data such as name, address and year of birth, may be
used for marketing purposes without prior consent as long as the data is aggregated and the
data is used for a company’s self marketing activities. The new guidelines state that e-mail
addresses and telephone numbers do not qualify for this exemption.

2. Nair & Co. advises that companies operating in Germany should familiarize themselves with the laws
governing the use of personal data to avoid non-compliance and possible violation.
For more information about doing business overseas or to learn more about our International Data
Privacy Compliance team please contact us.
Subscribe to regular International Data Privacy Compliance alerts from Nair & Co.
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About Nair & Co.
Nair & Co., the leader in international business expansion services, provides accounting, HR, legal, tax
and compliance services for the set up and management of your international operations. Our model of
a single-point-of-contact, supported by internal teams of experienced advisors, helps clients expand
business and manage risk so they can focus on their core business and sustain growth with minimal risk,
stress and cost. We support nearly 250 clients in over 70 countries. Nair & Co. is headquartered in
Bristol, UK, has 450 employees and offices in China, India, Japan, Singapore, and the US. Learn more
at www.nair-co.com
Media Contacts: For media enquiries or to learn to more about Nair & Co., please email us at
media@nair-co.com or call Yvonne Smith at +1.408.501.8867