Alexandre Suter schrieb:
In the judgment posted by Xaver [3], on page 3 the judge considers that the "or" in the list of elements means that only one criteria needs to be satisfied: as long as either the sender is correctly identified or they tell you how to opt-out, it's ok. (At least that's how I understand their arguments, I'm not a native German speaker...) Of course, this contradicts what they say just before, when they describe "an opt-in mechanism". Such a judgment could have implications on future cases..
Yes, I also got told that all elements have to be satisfied. Otherwise the new law simply did not change anything since a valid opt-out was always required (with the flaw, that no recipient will ever be able to know if that opt-out-mechanism in this particular case really works and is not abused for address verification).
Regards Peter