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If you receive unsolicited or unwanted advertising messages by e-mail advertising services or products, you can submit a complaint.
Spam mails are unsolicited electronic advertising messages sent to you. They constitute an infringement of your personal rights or, if sent to companies, an infringement of commercial operations. Anyone who receives spam mails can demand that the sender stops sending them spam mails (injunctive relief under civil law).
There are two types of spam mail:
The Internet Complaints Office accepts complaints about spam emails. It is a joint project of the Association of the German Internet Industry (eco) and the Freiwillige Selbstkontrolle Multimediadiensteanbieter e.V. (FSM). The processing of complaints about spam mails is handled by eco.
The following are entitled to lodge a complaint:
The e-mail must
A message contains advertising if it promotes products or services. Unsolicited means that you receive the e-mail without your consent.
Send an e-mail to the Internet Complaints Office:
The complaints office requires information about the sender or the recipient of the spam mail. The information in the sender field of the spam mail is not sufficient for this. 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:
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.
Spam mails also violate the Unfair Competition Act (UWG). This gives rise to an independent right to injunctive relief for competitors of the sender of the spam mail. You can assert this injunctive relief yourself or contact a legally competent association for the promotion of commercial or independent professional interests. This association can enforce the injunctive relief.
E-mails that are exclusively intended to spread viruses are not spam mail. A complaint will not help you in this case. You can obtain tips on preventing, detecting and removing viruses from the Federal Office for Information Security.