Cold calling in Germany occupies a paradoxical space in modern commerce: while sales teams treat outreach as a daily necessity, regulators view it as a direct intrusion into privacy, commercial autonomy and personal data rights. Under German law — shaped by §7 UWG, the GDPR, the TTDSG and a long line of landmark court rulings — unsolicited contact can slip into illegality far quicker than most companies realise. Firms that misjudge this boundary face injunctions, blocked phone numbers, and combined penalties that can exceed €500,000 when UWG fines, GDPR sanctions and enforcement actions by the Federal Network Agency stack together.

In severe cases, regulators have not only frozen entire call operations but also issued public violation notices, forced the shutdown of outbound dialers and imposed contractual penalties of up to €250,000 per breach through court-backed cease-and-desist orders. As reported by NewsToday24, German authorities now treat unlawful outreach as a high-risk compliance offence, with the same seriousness as data misuse and consumer deception.

This report breaks down what is allowed, prohibited and high-risk — with real cases, legal precedents and enforcement patterns that show how quickly routine sales activity can escalate into a regulatory crisis.

What “cold calling” means in German law

In legal terms, cold calling refers to any advertising contact without prior consent or an existing customer relationship. The definition of advertising is so broad that even “free webinars,” “guides,” “introductory calls,” or “quick questions” count as promotional activity.

Cold calling includes:

• telephone outreach
• marketing emails or newsletters
• PDFs, offers and “free consultations”
• SMS, WhatsApp and Telegram messages
• LinkedIn/Xing direct messages
• social-media DMs
• in some cases, unannounced office visits

Two principles guide courts:

1. The sender’s intention doesn’t matter.
2. If the content could promote sales, it counts as advertising.

§7 UWG: the central rule behind all restrictions

Under §7 UWG, advertising is unlawful if it constitutes “unreasonable harassment.” For certain communication channels — notably phone calls and emails — the law presumes harassment automatically.

Telephone marketing

B2C: completely prohibited without explicit consent

Consumers must give prior, active permission. Without it, the call is illegal.

Examples of prohibited calls:

• “We’d like to inform you about new electricity tariffs.”
• Hidden advertising disguised as a survey.
• Questions about a “contract” that does not exist.

Penalties: administrative fines up to €300,000, cease-and-desist orders, legal costs.

B2B: only with “presumed legitimate interest”

This is the most misunderstood rule in German sales.

A call to a business is only lawful if:

• the offer is objectively relevant to the business,
• the recipient could reasonably expect such a call, and
• the caller can prove why this expectation existed.

This is a narrow exception — and courts apply it strictly.

Emails, messengers and social platforms: the hard rules

Email marketing

A single promotional email without consent is unlawful — for:

• consumers
• companies
• sole traders
• generic addresses (info@…)

Only one exception exists:
the “existing customer” rule under §7 (3) UWG (same products, own offer, opt-out included).

Messenger apps (WhatsApp, Telegram, SMS)

Usually illegal due to:

• unsolicited advertising, and
• GDPR violations (using private numbers without a legal basis).

LinkedIn/Xing and social media DMs

• Connection request → allowed
• Immediate promotional message → high risk
• Automated sequences (“100 DMs per day”) → clearly unlawful

Key court rulings shaping enforcement

Case 1 — Federal Court of Justice (BGH): bakery cold-called

A vacuum-cleaner manufacturer phoned a bakery.
Ruling: no industry relevance → no presumed consent → unlawful.

Case 2 — Higher Regional Court Munich: unsolicited webinar email

A webinar invite sent to a GmbH.
Ruling: a webinar is advertising → forbidden without opt-in.

Case 3 — Federal Network Agency: 7,000 numbers blocked

A call centre used spoofed numbers and fake authority callers.
Outcome: number blocking, fines, public notice.

Typical high-risk scenarios (from real legal practice)

• Purchased lead lists (“guaranteed B2B legal leads”)
  → No GDPR basis, each email violates UWG and GDPR.
• Calling a notary about software tools
  → Not an expected contact → unlawful.
• LinkedIn messages disguised as small talk
  → If promotional, they qualify as harassment.

Penalties firms realistically face

• competitor injunctions
• cease-and-desist orders with penalties up to €250,000
• Bundesnetzagentur fines up to €300,000
• GDPR fines for unlawful data handling
• blocked phone numbers
• reputational damage through press coverage

A single misstep can freeze an entire sales operation.

How companies can conduct legal outreach — expert guidance

1. B2B cold calls only with clear industry logic
   Document why the recipient would expect the call.
2. Email only via verifiable double-opt-in
   No exceptions based on assumptions.
3. Never automate LinkedIn outreach
   Automated tools are regulatory traps.
4. Document data sources
   Avoid purchased lists; they rarely meet GDPR standards.
5. Train sales teams regularly
   Most violations originate from uncertainty or outdated practices.
6. Maintain clear, provable consent texts
   Keep records of timestamp, IP, and wording.

Cold calling is not prohibited outright in Germany — but the legal framework is so strict, and enforcement so aggressive, that even well-intentioned outreach can become a compliance risk. Between §7 UWG, GDPR and federal regulators, unsolicited advertising remains one of the costliest mistakes a business can make.

Stay connected for news that works — timely, factual, and free from opinion — and insights that matter now: How to sell an apartment in Germany: NFL Berlin 2025: Colts vs. Falcons – alle Infos zu Tickets, TV, Kickoff und Show