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The client newsletter: send it lawfully, fill it usefully, keep confidentiality

A newsletter reaches clients where they look every day anyway: in their inbox. It reminds them of deadlines, explains changes in the law and keeps the Kanzlei (professional firm) in mind until the next instruction comes up. At the same time, hardly any channel is so strictly regulated: consent, unsubscribing, imprint and data protection all have to be right, and a wrongly addressed mailing list can breach confidentiality. This guide shows how lawyers, tax advisers, certified bookkeepers, mediators, auditors and notaries set up a newsletter in Austria and Germany.

10 min readLast updated: November 2026

For:All professions
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Key points at a glance

  • Even a purely informative newsletter usually counts as advertising. You need prior consent: in Germany under § 7 (2) UWG, in Austria under § 174 (3) TKG 2021, there also towards businesses.
  • Double opt-in is not mandatory, but it is the usual way to prove consent.
  • The exception for existing clients is narrow: only your own similar services, with a notice of the right to object at collection and in every email.
  • Every issue needs sender, unsubscribe link and imprint; the mailing tool needs a data processing agreement.
  • Never send with an open mailing list in “To” or “CC”: it reveals who is a client.

This post is general information, not legal or tax advice for your individual case. Laws, professional guidelines and chamber fees change: check the details with your chamber, the relevant authority or your professional association before you make a decision.

Why a newsletter for professional firms

The website and Google profile work when someone is searching. The newsletter works between matters. A tax adviser who reminds clients of the advance payments before every quarter, a lawyer who points out limitation periods shortly before the end of the year, an auditor who summarises the disclosure deadlines: messages like these are useful, get forwarded and bring follow-up work. Many tax firms know this as the client circular on paper; the newsletter is its digital version.

Legally, however, the content makes hardly any difference. Even a factual newsletter serves to keep the firm in mind and to win work, and therefore as a rule counts as advertising. This means the rules for email advertising apply, and from the very first recipient.

Consent and double opt-in

In Germany, email advertising without prior express consent is an unreasonable nuisance (§ 7 (2) UWG). In Austria it is impermissible without prior consent (§ 174 (3) TKG 2021), and expressly also towards businesses, so also for the newsletter to the managing director of a limited company. In both countries the GDPR applies as well: consent must be given freely, for the specific purpose and on an informed basis, and you must be able to prove it (Art. 7 (1) GDPR).

  1. 1

    Sign-up form

    Only the email address is mandatory, a name is optional. Next to it, one sentence on what you send and how often, with a link to the privacy policy. No pre-ticked box, no tying to the contact form.

  2. 2

    Confirmation email

    The system sends an email with a confirmation link. It contains no advertising, only the request to confirm and the note that nothing further happens without a click.

  3. 3

    Log

    The time of sign-up and of confirmation are stored, along with the wording of the consent. This lets you prove in a dispute who agreed and when.

  4. 4

    Welcome email

    Sending only begins after confirmation. A short welcome with a note on how to unsubscribe builds trust.

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The exception for existing clients

Both countries have an exception for existing customers. It is narrower than many believe and does not cover a general newsletter to all contacts.

Exception from the consent requirement (as of: November 2026)
RequirementGermany, § 7 (3) UWGAustria, § 174 (4) TKG 2021
Origin of the addressobtained from the customer herself in connection with the sale of goods or a serviceobtained in connection with a sale or a service to your own customers
Contentdirect advertising for your own similar servicesdirect advertising for your own similar services
Objectionno objection; clear notice of the right to object at collection and at every useclear opportunity to refuse free of charge and easily at collection and with every message
Additionallyno further requirementno entry in the RTR's ECG list (opt-out register)

For professional firms this means: anyone who gave you their address in the course of a matter may be informed about similar services if they were already told about the right to object when the matter was accepted. Contacts from business cards, events, enquiries without a matter or opponents in proceedings are not covered. For them you need consent. For mediation the exception rarely fits, because you maintain your neutrality towards both parties.

Sender, unsubscribing and imprint

Every issue must be recognisably from your firm. In Germany, neither the sender nor the advertising nature may be concealed in the header or subject line (§ 6 (2) DDG); in Austria, email advertising with a concealed sender or without a valid address for unsubscribing is always impermissible (§ 174 (5) TKG 2021). Unsubscribing must be as easy as signing up: one click, no logging into a customer account, no reason required.

In every issue

  • The firm name as sender and a reply address that is actually read
  • A factual subject line that describes the content
  • Unsubscribe link and notice of the right to object
  • Imprint in the footer: in Germany the details as on the website under § 5 DDG, for editorial content the responsible person under § 18 (2) MStV
  • In Austria the imprint under § 24 (3) MedienG and a link to the disclosure under § 25 MedienG
  • Link to the privacy policy

You can create the imprint text for the website and footer with the imprint generator. Which additional details your profession requires is set out in the guides to mandatory information, for example for tax advisers in Austria or lawyers in Germany.

The mailing tool: EU hosting and DPA

A newsletter with more than a handful of recipients does not belong in your normal email program. A mailing tool manages sign-ups, double opt-in and unsubscriptions and sends every email individually. To do so, it processes personal data on your behalf. Look out for these points when choosing one:

  • Data processing agreement under Art. 28 GDPR, provided by the provider as standard
  • Servers and ideally also headquarters in the EU; for providers from third countries, check the legal basis for the transfer
  • Double opt-in with a log and automatic unsubscription without any action on your part
  • Open and click tracking that can be switched off per list
  • Your own sender domain with correctly configured SPF, DKIM and DMARC records, so that the emails do not end up in spam

Content that gets read

A good firm newsletter is short, regular and useful. Three to five topics per issue, each with two or three sentences and a link to the detailed expert article on your website. What suits which profession:

Content ideas by profession
ProfessionRecurring topicsOccasion-based topics
Tax adviserTax dates for the month or quarter, advance paymentsTax reforms, new flat rates and thresholds, year-end tips
Certified bookkeeperPayroll dates (Lohnverrechnung or Lohnbuchhaltung), submitting receiptsNew values for benefits in kind, changes to reporting and e-invoicing
LawyerDeadlines at the end of the year, such as limitation periodsChanges in the law and important judgments, put into context factually
AuditorDeadlines for preparing and disclosing annual accountsNew audit and reporting obligations
MediatorDates for information evenings and workshopsNew services, such as mediation in family businesses
NotaryFactual notes, for example on lasting powers of attorney and willsChanges in inheritance, family or company law

Professional law applies in the newsletter too: no stories about matters without consent, no promises of success, no titles that have not been awarded. News from the firm, such as a new colleague or changed opening hours over the holidays, is welcome but should not make up the main part. Licensed client information from specialist publishers saves time; add a paragraph of your own so that the newsletter sounds like your firm.

Rhythm and measuring without excessive tracking

Monthly or quarterly is realistic for most firms. Tax and bookkeeping firms align sending with the deadlines, law firms more with occasions. More important than the frequency is reliability: anyone who announces a monthly newsletter in January should still be sending it in June.

Screen showing a website overview for the last 28 days: page views, average time on page and a line chart
Aggregated figures are usually enough: which topics bring visits to the website?

Mailing tools measure by default who opened which email and clicked which link. This per-person analysis is delicate under data protection law; many data protection authorities require separate consent for it. For a professional firm, less is almost always enough: the number of unsubscriptions, aggregated click figures without personal reference and the visits to the linked articles in your website statistics. Open rates are inaccurate anyway, because many email programs preload or block images.

Confidentiality: the BCC error

The most common and most serious error happens without a newsletter tool: someone sends information to all clients from the normal mailbox and puts the addresses in “To” or “CC”. Every recipient can now see who else is a client of the firm. This is a personal data breach that you may have to report to the supervisory authority within 72 hours (Art. 33 GDPR), and at the same time a breach of professional confidentiality, because even the fact that a matter exists is protected.

How to get it right

  • Use a mailing tool that delivers every email individually
  • Separate lists by purpose and only include people with consent or a matching exception
  • Send a test email to yourself before sending
  • Train staff and prohibit group emails from the mailbox

Better avoid

  • Put clients in “To” or “CC”, not even “just this once”
  • Rely on BCC in the normal mailbox; one wrong click is enough
  • Use purchased address lists or addresses from directories
  • Write personalised content relating to a matter into the newsletter

The newsletter works best together with a website that holds the detailed answers, and a clean presentation in every single email. You can create the matching signature with the email signature generator; which content belongs on the website is described in the guide Content for a firm website.

A website your newsletter can link to

Our firm websites come with a guides section for your expert articles, a complete imprint and a privacy policy that also covers the newsletter. Request a free preview.

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Sources

In brief

Questions on this topic

May I send my clients a newsletter without consent?

Only under the narrow conditions of the existing customer exception: an address from the matter, advertising for your own similar services and a notice of the right to object at collection and in every email; in Austria, additionally, no entry in the ECG list. For all other contacts you need consent.

Is a purely informative newsletter advertising at all?

As a rule, yes. Even factual information keeps the firm in mind and is meant to bring work. That is why the rules for email advertising under § 7 UWG or § 174 TKG 2021 apply.

Is double opt-in mandatory?

It is not required by law. However, you must be able to prove that the holder of the address consented, and double opt-in is the usual and most reliable way to do so.

Do I need an imprint in every newsletter?

Yes. In Germany, the details as on the website belong in the footer, and for editorial content also the responsible person under § 18 (2) MStV. In Austria, a regularly sent newsletter needs an imprint under § 24 (3) MedienG and a disclosure.

What should I do if a group email was sent with an open mailing list?

Document the incident, assess the risk and, if a risk to the people affected cannot be ruled out, report it to the data protection authority within 72 hours. With clients a risk is likely, because the matter itself is confidential. Clarify questions of professional law with your chamber.

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