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Unsolicited application as a freelancer by e-mail - Prohibited or permitted in Germany?

11/22/2023 | By: FDS

In Germany, the question arises as to whether it is permitted to send unsolicited applications as a freelancer by email. While freelancers offer their services independently, there are still legal and data protection-related aspects to consider. This article sheds light on the situation.

In a changing world of work, more and more people are turning to self-employment as freelancers. Acquiring work themselves is often essential, and speculative applications are a common method of reaching potential customers or clients. But what happens when these applications are sent by email?

Legal basis for unsolicited applications as a freelancer

The good news is that unsolicited applications as a freelancer by email are generally permitted in Germany. Freelancers are self-employed and are not bound by the same labour law regulations as employees. This means that they are largely free to offer their services and contact potential clients.

However, it is important to bear certain legal aspects in mind:

1. Data protection: The General Data Protection Regulation (GDPR) is also relevant for freelancers. When contacting us by email, the data protection regulations must be observed. This means that personal data (e.g. the recipient's contact details) may only be used for the stated purpose (the application) and the recipient's consent to the processing of their data may be required.

2.Opt-out and objection: Every unsolicited application by email should include an option to simply unsubscribe (opt-out). The recipient must be able to refuse to continue receiving messages. It is important to respect these wishes in order to avoid legal problems.

3. Imprint: The email should include a full legal notice that complies with legal requirements. This includes details such as the sender's name and address as well as a contact option.

Conclusion

Initiative applications as a freelancer by email are generally permitted in Germany as long as the legal provisions and data protection regulations are observed. Self-employment offers freelancers the opportunity to proactively search for new assignments and offer their services. Nevertheless, it is advisable to find out about the current laws and regulations and seek legal advice if necessary in order to minimise potential risks.

Freelancers should take care to appear serious and professional, as first impressions are often crucial. A well-thought-out unsolicited application can pave the way to new business opportunities and make self-employment a success.

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