(1) A commercial practice which constitutes an unacceptable nuisance to a market participant is illegal. This in particular applies to advertising in cases where it is apparent that the solicited market participant does not want this advertising.
(2) An unacceptable nuisance is always assumed in the case of
1. advertising by means of a telephone call made to a consumer without his or her prior express consent, or made to another market participant without at least the latter's presumed consent;
2. advertising using an automated calling machine, a fax machine or electronic mail without the addressee’s prior express consent; or
3. advertising using communication
a) where the identity of the sender on whose behalf the communication is transmitted is concealed or kept secret or
b) which violates section 6 (1) of the Digital Services Act (Digitale-Dienste-Gesetz) or in which the recipient is prompted to call up a website which violates said provision or
c) where there is no valid address to which the recipient can send an instruction to terminate transmission of communications of this kind, without costs arising by virtue thereof, other than transmission costs in accordance with the basic rates.
(3) Notwithstanding subsection (2) no. 2, an unacceptable nuisance is not assumed to exist in the case of advertising using electronic mail if
1. the entrepreneur has obtained from the customer the latter’s electronic mail address in connection with the sale of goods or services;
2. the entrepreneur uses the address for direct advertising of his or her own similar goods or services;
3. the customer has not objected to this use; and
4. the customer is clearly and unequivocally advised, when the address is collected and each time it is used, that he or she can object to such use at any time, without costs arising by virtue thereof, other than transmission costs in accordance with the basic rates.