DSK acknowledges the practical difficulties of providing all the necessary information at the time of collecting personal data, especially with regard to analog marketing (added by Orrick: z.B. some marketing draws or promotional games). This is why DSK now supports multi-tiered data protection statements, as originally proposed by the Article 29 Data Protection Group („WP 260“). According to in.power, an independent participant in direct marketing for renewable energy, the share of onshore wind energy sold by direct marketing and not by network operators has already exceeded government expectations. It is likely that the market will be more competitive, as more and more distribution companies are trying to insure the sector. In June, the energy group RWE said it would distribute a total of 1 GW of solar electricity by the end of the year (see EDEM 27 June 2012). This would be almost all of the 1.2GW solar electricity that had been sold directly to the stock exchange until July. According to EEX, the solar capacity installed by Germany is 24.5 GW. The DSK specifies the obligations of those responsible for the treatment with respect to the right of objection under Article 21 of the RGPD. For reasons of liability, DSK recommends that a reference to the right of objection be included in each marketing communication. In accordance with Article 21, paragraph 4, of the RGPD, this right must be explicitly brought to the attention of the person concerned and presented clearly and separately from all other information and must not be „hidden“ in the terms and conditions of sale.B. The electricity generation market in Germany is liberalised.
Many manufacturers are present in Germany, from the „big four“ (RWE, e.on, Vattenfall and EnBW) to small players. As far as renewable energy is concerned, the production landscape is very diverse and operators range from large distribution companies to small players such as local citizen initiatives or individual owners. EEG compensation requires that energy be sold for most facilities and there are many customers (known as direct marketing companies in the terminology used in the EEG) who purchase the energy under relatively regular agreements and then market it on the Electricity Exchange. Buying renewable energy does not necessarily mean buying directly from producers. A number of energy distribution companies and distributors offer green energy products. The German UWG believes that the following marketing channels are generally acceptable: DSK executes consent as justification for processing data for marketing purposes. In general, consent must be given freely, concretely and informed.