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Why postal advertising is permitted under GDPR without opt-in - and how to use it legally
These laws and rulings confirm: postal advertising is permitted without prior consent.
The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
- Recital 47 GDPR
The legitimate interest under Art. 6(1)(f) GDPR permits the processing of personal data for direct marketing - without the recipient's consent being required. The GDPR explicitly mentions direct marketing as an example.
Section 7(2) UWG lists email, telephone, SMS and fax as requiring consent - postal advertising is deliberately not included.
- UWG - Act Against Unfair Competition
The Act Against Unfair Competition (UWG) clearly distinguishes between advertising channels. While email, telephone, SMS and fax require prior consent, postal advertising is explicitly exempt.
Personalised postal advertising based on Art. 6(1)(f) GDPR is permissible even without a prior customer relationship.
- Stuttgart Higher Regional Court, 02.02.2024, Ref. 2 U 63/22
The Stuttgart Higher Regional Court clarified in 2024 that personalised advertising letters may also be sent to persons with whom no prior business relationship exists - as long as the information obligations are met.
Postal advertising enjoys a special position in advertising law.
Requires double opt-in under UWG Section 7(2) No. 3
Explicit prior consent required under UWG Section 7(2) No. 2
Opt-in mandatory under UWG Section 7(2) No. 3
Prior consent needed under UWG Section 7(2) No. 3
Permitted under Art. 6(1)(f) GDPR - legitimate interest
No GDPR relevance, as no personal data is processed
Legitimate interest under GDPR - no consent required
Professional advertising mail from Deutsche Post - legitimate interest
Even without consent, these requirements must be met.
Before dispatch, a balancing of your advertising interest against the recipients' rights must be documented. AutoLetter creates this automatically.
Under Art. 13/14 GDPR, recipients must be informed about data processing - including the controller, purpose and legal basis.
Art. 21(2) GDPR gives recipients an unconditional right to object to direct marketing. This must be clearly communicated in every mailing.
Address data must come from a legitimate source - such as an existing customer relationship, public directories or reputable address providers.
Before dispatch, recipient addresses should be checked against the Robinson list (DDV). In Austria, this is legally mandated through the WKO.
The processing of personal data for advertising purposes must be documented in the records of processing activities under Art. 30 GDPR.
Why more and more companies are relying on postal advertising.
Average conversion rate for print mailings
Source: CMC Print Mailing Study 2025
Return on ad spend for postal advertising
Source: CMC Print Mailing Study 2025
German postal advertising market per year
Source: Dialogue Marketing Monitor 2024
Compared to email marketing
Source: ANA/DMA Response Rate Report 2025
How to implement postal advertising without consent in a legally secure manner.
Document the balancing between your legitimate advertising interest and the recipients' rights. AutoLetter generates this documentation automatically.
Ensure that address data comes from legitimate sources and check against the Robinson list.
Integrate the mandatory information under Art. 13/14 GDPR into your mailing - controller, purpose, legal basis and contact details.
Add a QR code or URL through which recipients can easily and quickly object to further advertising.
Start the dispatch and document all compliance-relevant steps. AutoLetter creates a complete audit trail.
AutoLetter automates GDPR compliance - you focus on your campaigns.
The landmark ruling from 2024 creates legal certainty for all companies.
“The sending of personalised advertising by post based on Art. 6(1)(f) GDPR is permissible and does not give rise to a claim for damages by the recipient.”
The Stuttgart Higher Regional Court ruled that personalised postal advertising may also be sent to persons without a prior business relationship, provided the information obligations are met.
Persons without an existing business relationship may also be advertised to by post - legitimate interest is sufficient as a legal basis.
The mere receipt of an advertising letter does not give rise to a claim for damages under Art. 82 GDPR - unlike unauthorised email advertising.
The prerequisite is compliance with the information obligations under Art. 14 GDPR - in particular, details of the controller and the right to object.
Yes, postal advertising without prior consent is legal under GDPR. Art. 6(1)(f) GDPR permits the processing of personal data for direct marketing as a legitimate interest. This was expressly confirmed by Recital 47 of the GDPR and judicially affirmed by the Stuttgart Higher Regional Court (Ref. 2 U 63/22, 02.02.2024).
No, an existing customer relationship is not required. The Stuttgart Higher Regional Court clarified in 2024 that personalised postal advertising may also be sent to persons without a prior business relationship. What matters is that the address data comes from a legitimate source and the information obligations are met.
The crucial difference lies in UWG Section 7(2): email advertising, telephone advertising, SMS and fax require prior explicit consent (opt-in). Postal advertising is deliberately not included in this list and can therefore be sent without consent based on legitimate interest (Art. 6(1)(f) GDPR).
In the balancing of interests, you must weigh your legitimate advertising interest against the rights and interests of the data subject. Factors such as the type of advertising, the reasonable expectations of the recipient and the source of the data play a role. AutoLetter creates this documentation automatically.
In Germany, checking against the Robinson list (DDV) is voluntary but strongly recommended - it demonstrates your due diligence and reduces complaints. In Austria, the check via the WKO list is legally mandated in the Trade Regulation Act (Section 151). AutoLetter performs this check automatically.
Under Art. 13/14 GDPR, the following information must be included: name and contact details of the controller, purpose of data processing, legal basis (legitimate interest), notice of the right to object under Art. 21(2) GDPR and a simple way to object (e.g. QR code, URL or telephone number).
Under Art. 21(2) GDPR, the right to object to direct marketing is unconditional and absolute - no justification is required. Upon objection, you must immediately block the data for advertising purposes. AutoLetter processes objections automatically and blocks the address for all future campaigns.
Yes, new customer acquisition by post is also possible without consent. The Stuttgart Higher Regional Court expressly confirmed this in 2024. The prerequisite is that the address data was lawfully obtained (e.g. from public directories or reputable address providers) and the GDPR information obligations are met.
Automatic GDPR compliance, QR code opt-out and complete documentation - all in one platform.