Employee Referral Program - Legal Question German law about Referral Marketing

[Shervin]

Dear community,

we're about to GoLive with our Employee Referral Program but we received a heads-up from our legal department concerning sharing personal data with a third party, specially that there's an incentive.  That is, if an internal employee refers a candidate to a job ad and then the candidate receives an email from our SuccessFactors s/he can sue us for sending him/her an "offer" - in our case the job ad. Here's an article discussing the topic:Empfehlungsmarketing und Freundschaftswerbung – Rechtlich (un-) möglich? - Anwältin für Unternehmen .... 

Can anyone tell me if you're using the Referral program and how did you deal with this legal bit?

Thanks in advance

Shervin