Emails are an indispensable part of modern communication – both in private and professional contexts. But what happens when the content of an email suddenly appears on the internet? Whether on blogs, forums, social media, or websites: the publication of emails is not uncommon nowadays – and may carry considerable legal risks. The situation becomes particularly sensitive when emails are published on social media platforms like Facebook, Instagram, or video platforms like TikTok or YouTube, where content often spreads within a very short time, which can further aggravate the legal consequences.

Whether publication of emails is permissible under German law depends largely on whether the email has a private or business character, whether personality rights are affected, or whether copyright might even be infringed. The legal standards that apply to the publication of emails can often be transferred to other forms of written communication – such as traditional letters, fax messages, or handwritten notes.

As an experienced law firm, Schlun & Elseven provides comprehensive support in this sensitive area – whether in enforcing cease-and-desist and deletion claims or in defending against unjustified warnings. We examine your legal situation, handle communication with the opposing party, and consistently enforce your claims – both out of court and in court.

Is it Legal to Publish Private Emails?

Emails frequently contain sensitive and personal information that is not intended for the public. It is generally assumed that the recipient of an email will not forward or publish it without permission. Nevertheless, private emails are repeatedly made public – for various reasons – on blogs, online forums, or websites.

With the emergence of platforms like TikTok, where users frequently share chat histories or email excerpts in the form of storytimes or reaction videos, this issue has increasingly come into focus. Here the same rule applies: publication without the consent of the concerned party remains legally problematic in Germany.

The unauthorized publication of private emails typically constitutes an interference with the sender’s general right of personality under Article 2 (1) in conjunction with Article 1 (1) of the German Basic Law (GG) – particularly the “right to the written word.” This right protects the sender’s decision regarding to whom they disclose their statements.

According to settled German case law, private emails that are addressed exclusively to a specific recipient fall within the “private sphere” and may therefore not be published without the express consent of the sender (cf. Cologne District Court, Judgment of May 28, 2008, Case No. 28 O 157/08). According to the cited judgment, the publication of such correspondence constitutes a serious infringement of personality rights that goes beyond merely passing on the content.

Is it Legal to Publish Business Emails?

In contrast, business emails may be published (under certain conditions) under German Law. Here, interests must be balanced: the sender’s general right of personality or legitimate interest in confidentiality must be weighed against the public’s interest in information. This balancing is complex and cannot be performed in a purely schematic manner. The sender’s interests may be affected, for example, when publication damages the company’s reputation or results in economic disadvantages, such as loss of revenue. On the other hand, a public interest may exist particularly when, for example, a grievance is exposed, unlawful behaviour is pointed out, or a larger number of people are to be warned (for example, in cases of mass cease-and-desist letters).

On social media and TikTok, there are frequent attempts to publicly expose alleged misconduct by companies (“call-out culture”). When in doubt, have a lawyer check whether publication is legally permissible – especially when internal communication or business emails are involved. Courts generally set high requirements for the existence of a legitimate public interest.

Copyright Infringement Through Email Publication?
The Protection of Texts, Images, or Content

In addition to personality rights aspects, there might also be a violation of the sender’s copyright through the publication of emails. A copyright infringement can arise both from embedded content such as photos or graphics and from the email text itself – provided it reaches the necessary so-called “threshold of originality” (“Schöpfungshöhe”) required under German copyright law.

The threshold of originality is reached

  • when the text is individually and creatively designed and
  • clearly stands out from everyday business correspondence.

In such cases, the sender has cease-and-desist and removal claims under copyright law. Anyone who posts emails or content from them on social media – whether as a screenshot, as a read-aloud message, or displayed in a TikTok video – should first check with a lawyer whether the content is protected by copyright. Otherwise, cease-and-desist letters and claims for damages may result.

Does an Email Disclaimer Protect Against Publication?

Many business email templates include a so-called “disclaimer” at the end of the message. They often read as follows:

“This email contains confidential and/or legally protected information. If you are not the correct recipient or have received this email in error, please inform the sender and delete this email. Unauthorized copying and unauthorized forwarding of this email and the information it contains are not permitted.”

However, according to the prevailing legal opinion, such a disclaimer has no legally binding effect on the recipient. This is because under German law a legal obligation cannot be unilaterally established by the sender; the recipient’s required consent or contractual agreement is lacking. The disclaimer therefore has at best an appealing effect but does not constitute an effective legal means against publication.

Even referencing a disclaimer in a social media post does not protect against legal consequences if the publication itself is impermissible.

Cease-and-Desist Letter, Injunction, and Damages: What are Your Options if Your Emails have been Published?

If an email has been published without your authorization, there are various legal remedies available under German law. The basis for this is §§ 1004, 823 of the German Civil Code (BGB) by analogy, which apply in cases of unlawful interference with general personality rights. Typically, a cease-and-desist letter is first sent to the responsible party.

In this letter, the person is requested, among other things, to:

According to established case law, there is a claim for reimbursement of cease-and-desist costs based on the concept of unauthorized agency as well as from the perspective of damages.

Schlun & Elseven: Your Legal Assistance

Has your email been published without your authorization? Or have you received a cease-and-desist letter regarding the publication of an email? In both cases, we are happy to assist you. Our law firm has many years of experience in media, IT, and personality rights law and supports both individuals and companies in the legal enforcement or defence of corresponding claims. We examine whether an unlawful interference exists, whether cease-and-desist and deletion claims exist, and whether claims for damages or the right of reply may also be considered. In doing so, we not only handle legal correspondence with the opposing party but also consistently represent your interests in court when necessary.

Our tip: Think carefully before you publish content from emails on social media or TikTok. The reach may be large – but so may be the legal risk.