Cold Calling Laws in Germany

The rule: UWG section 7

Section 7 of the UWG bans business practices that unreasonably harass people. It says an unreasonable nuisance is always assumed for advertising by phone to a consumer without their prior express consent, or to any other market participant without at least their presumed consent. Businesses count as other market participants.

Advertising with automatic calling machines needs prior express consent, whether you're calling a consumer or a business.

What counts as presumed consent?

Presumed consent needs a concrete reason to believe the business would welcome your call, such as an enquiry it made, a conversation at an event, or a clear need for what you sell. A general fit with your target market usually isn't enough, and you have to be able to show the reason if challenged.

In practice, that means going through your list before calls start and noting the reason against each contact you call.

Calling consumers

A sales call to a consumer needs their prior express consent. Under section 7a, the caller must document that consent when it's given and keep the record for five years from when it was given and from each time it's used.

Fines and other risks

• Calling consumers without prior express consent, or using automatic calling machines on them: fines of up to €300,000, enforced by the Federal Network Agency.
• Not documenting or keeping consumer consent: fines of up to €50,000.
• Calling businesses without presumed consent: no fine under section 20, but competitors and qualified business and consumer associations can claim an injunction under section 8, usually starting with a cease-and-desist letter (Abmahnung).

GDPR and named contacts

A named contact's details are personal data under the GDPR, so you need a lawful basis to use them, usually legitimate interests. Anyone can object to direct marketing at any time, and once they do, you must stop.

Before you call German businesses: a checklist

• For each contact, write down the concrete reason they'd welcome your call. If there isn't one, don't call.
• Call businesses only. Call a consumer only if you hold their express consent, documented and kept for five years.
• Make every call a live call. Automated calls need express consent, even to businesses.
• Say at the start who you are and who you're calling for.
• Stop at the first objection, record it, and never call that contact again for marketing.

Can you call a lead in Germany who asked you to?

Allowed with prior express consent, documented · Keep the record for 5 years

• A sales call to a consumer needs their prior express consent.
• Under section 7a, document that consent when it's given, such as the request in which they asked you to call, and keep the record for five years.

Source: UWG § 7 (German) · UWG § 7a (German) · Do not call exemptions by country