In 2013, Planet49 GmbH (“Planet49”), a German website, organized a promotional lottery online. To participate in the lottery, users were required to enter their postcode, which then prompted users to provide their names and addresses. Beneath this request for names and addresses, Planet49 sought two consents from users.
Consent for Third-Party Advertising: With respect to consent for third-party advertising activities, the BGH ruled that consent was not valid in this case, as it was not sufficiently informed and specific. As the consent process was set up, consumers were confronted with 57 third-party partners who could contact them for marketing purposes. By ticking the relevant checkbox without having unsubscribed from a significant number of partners, Planet49 was making the selection of which partners could contact the consumer. In BGH’s view, this elaborate process encouraged the consumer to refrain from selecting the advertising partners that were consequently selected by Planet49. According to the BGH, if the consumer does not know to which third party he has given consent to contact him for marketing purposes, due to a lack of knowledge of the content of the list and without exercising the right to select partners, there is no informed and specific consent.