Format: Keynote · Required preknowledge: Beginner · Room: EG03
Time: 11:20–11:50
Newsletter lists rank among the most valuable – and most fragile – assets in an asset deal: their worth stands or falls with the transferability of the underlying consents. With the German supervisory authorities’ restrictive 2024 resolution and the ECJ’s November 2025 confirmation that commercially driven newsletters require consent, re-consent remains the safest route, yet routinely destroys much of the very asset being sold.
This session explores when existing consents may survive a change of controller, how a structured notice-and-objection procedure may offer a viable alternative to re-consent while preserving the value of the transferred asset, and where processor arrangements may serve as a transitional bridge. It then translates these approaches into practical asset deal terms designed to facilitate successful transfers.
Pairing in-house and transactional counsel perspectives, the session offers a candid discussion of the available options, their legal and commercial trade-offs, and where the defensible lines may ultimately run.
Speakers: Dr. Martin Scheurer, Florian Mörth