# Cold Calling Laws in Germany (2026): B2B and UWG § 7

Only with a good reason. Under section 7 of the Act against Unfair Competition (UWG), a sales call to a business needs at least its presumed consent: a concrete reason to believe it would welcome your call. Calls to consumers need their express consent beforehand, and automated calls need express consent from everyone. Pure cold calls with no such reason are unlawful.

Reviewed October 2026. A plain summary for business-to-business calls, not legal advice.

| Rule | Summary |
|---|---|
| Calls to businesses | At least presumed consent (mutmaßliche Einwilligung) |
| Calls to consumers | Prior express consent, documented and kept for 5 years |
| Automated calls | Prior express consent from everyone |
| Fines for calling consumers without consent | Up to €300,000 |
| Risk for B2B calls without consent | Cease-and-desist claims from competitors and associations |
| Calling hours | None set in the UWG |
| Regulator for consumer calls | Federal Network Agency (Bundesnetzagentur) |

## 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 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.

Sources: [UWG § 7 (German)](https://www.gesetze-im-internet.de/uwg_2004/__7.html), [UWG § 7a (German)](https://www.gesetze-im-internet.de/uwg_2004/__7a.html)

## FAQs

### Is cold calling legal in Germany?

Only with consent. Calls to consumers need their prior express consent, and calls to businesses need at least presumed consent under section 7 of the UWG. Pure cold calls with no reason to expect the call to be welcome are unlawful.

### Is B2B cold calling legal in Germany?

Yes, if you have the business's presumed consent: a concrete reason to believe it would welcome your call, such as an enquiry or an earlier conversation. A general fit with your target market usually isn't enough.

### What is presumed consent (mutmaßliche Einwilligung)?

A concrete reason, based on the business's own situation, to believe it would welcome a sales call from you. You have to be able to show that reason for each contact you call.

### What are the fines for cold calling in Germany?

Up to €300,000 for calling consumers without prior express consent, and up to €50,000 for failing to document that consent. B2B calls without presumed consent risk cease-and-desist claims from competitors and associations.

### Are there legal calling hours in Germany?

The UWG doesn't set calling hours. The question is whether you have consent, not when you call.

## Sources

- [UWG § 7 (German)](https://www.gesetze-im-internet.de/uwg_2004/__7.html)
- [UWG § 7a (German)](https://www.gesetze-im-internet.de/uwg_2004/__7a.html)
- [UWG § 8 (German)](https://www.gesetze-im-internet.de/uwg_2004/__8.html)
- [UWG § 20 (German)](https://www.gesetze-im-internet.de/uwg_2004/__20.html)

Page: https://switchstack.io/cold-calling-laws/germany
Cold calling services in this market: https://switchstack.io/cold-calling-services/germany