Cold Calling Laws in Switzerland

Which laws cover cold calling in Switzerland?

• The Unfair Competition Act (UWG/UCA). Section 3(1)(u) covers the asterisk and unlisted numbers, section 3(1)(v) caller ID, section 3(1)(w) information obtained by breaking those two rules, and section 3(1)(o) mass advertising by email or text.
• Section 23 of the same Act, which sets the criminal penalties.
• Swiss data protection law and the personality rights in the Civil Code, which SECO says sales calls must also respect.

Is B2B cold calling legal in Switzerland?

Yes, in principle. SECO, the State Secretariat for Economic Affairs, says telephone marketing is generally allowed in Switzerland, as long as callers follow the rules on this page.

The asterisk rule protects "customers", and the Act doesn't exempt businesses. So check company numbers the same way: call numbers that are listed in the directory without an asterisk, or companies you already have a business relationship with.

The asterisk rule and unlisted numbers

Under section 3(1)(u) of the Unfair Competition Act, it's unfair to ignore a note in the phone directory that a customer doesn't want advertising from anyone they have no business relationship with. That note is the asterisk (*) next to the entry.

Since 1 January 2021, customers without a directory entry are treated the same as customers with an asterisk. In practice, you can only make advertising calls to numbers listed in the directory without an asterisk, unless the person or company is already your customer or has agreed to be called.

Caller ID and automated calls

Since 2021, section 3(1)(v) also requires advertising calls to show a phone number that is listed in the directory and that the caller is entitled to use. Under section 3(1)(w), you can't use information you obtained by breaking the asterisk or caller ID rules.

SECO's guidance adds that telephone advertising can't be fully automated: once the call connects, a person must speak.

Penalties and enforcement

Under section 23, anyone who wilfully breaks section 3 can, on complaint, face a custodial sentence of up to 3 years or a monetary penalty.

SECO can file a civil action or a criminal complaint against people or companies that repeatedly break the rules, where collective interests are affected. It can also ask the criminal authorities to block a phone number temporarily and withdraw it for good. People who receive unwanted calls can also file a criminal complaint themselves.

Emails and texts after the call

Under section 3(1)(o), sending mass advertising by email, text or similar means needs the recipient's prior consent, the correct sender and a simple, free way to opt out. The exception is customers whose contact details you got through a sale, for your own similar products, if you offered the opt-out when you collected them.

Before you call Swiss businesses: a checklist

• Check every number against the phone directory before calling.
• Remove numbers with an asterisk and numbers that aren't in the directory, unless they're existing customers.
• Call from a directory-listed number you're entitled to use, and never hide it.
• Make sure a person speaks on every call. No recorded sales messages.
• Say who you are and who you're calling for, and get consent before sending marketing emails in bulk.

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

Allowed with a business relationship or consent · No time limit set

• The asterisk and unlisted-number rules cover advertising from companies the person has no business relationship with.
• SECO says companies you're a customer of, or that you've given consent to, may call you, even if your number has an asterisk.

Source: Unfair Competition Act, sections 3 and 23 (English, status 1 January 2025) · SECO: Unwanted advertising calls (German) · Do not call exemptions by country