Is Cold Email Legal in Germany? UWG, GDPR and What B2B Senders Can Actually Do

Short answer: Generally no. Section 7(2) No. 2 of Germany's Unfair Competition Act (UWG) says advertising by email needs the recipient's prior express consent, and it makes no exception for business recipients. B2B phone calls are treated differently: presumed consent can be enough. So compliant outbound in Germany earns permission first through phone, LinkedIn, letters or inbound, then emails.

When a client asks me to "just run the same cold email campaign in Germany" that works in the US, my answer is no, and it is the same answer every time. Not because German buyers dislike outreach. Because German law draws a line between channels that most outbound playbooks ignore: email needs prior express consent, even for B2B; a phone call to a business can rely on presumed consent. Once you understand that one difference, a compliant German program almost designs itself.

This guide explains the rules in plain English, the court decisions behind them, the myths that get foreign senders into trouble and a step-by-step sequence for winning meetings in Germany without sending a single unsolicited email. If you sell into several countries, start with our country-by-country overview of cold email law; this page goes deeper on Germany only.

This is a plain-English explanation, not legal advice. Laws and court practice change; for your own campaign, ask a German lawyer who works on competition (UWG) and data protection law.

The short answer, channel by channel

Germany has two laws that matter here. The Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG) decides whether you may contact someone through a given channel at all. The GDPR decides whether you may process their personal data. The UWG is the stricter of the two for outreach, so it is the one to plan around.

Two details in section 7 matter for every message you send, whatever the channel: you may not hide or disguise who is sending, and there must be a valid address where the recipient can object at no cost beyond normal transmission charges (section 7(2) No. 3).

Two laws, two separate tests

A lot of English-language advice says "B2B cold email is fine under GDPR if you have a legitimate interest". That sentence can be true elsewhere in the EU and still be wrong in Germany, because it answers the wrong question.

• The GDPR question: may I process this person's name and work email for marketing? GDPR recital 47 says direct marketing may be a legitimate interest, subject to a balancing test, and Article 21 gives the person an absolute right to object. Germany's data protection authorities (the DSK) published guidance on direct marketing under the GDPR in 2022 along these lines.
• The UWG question: may I send an advertising email to this person at all? Section 7 answers that independently, and for email the answer without prior express consent is no.

German courts and commentators treat the UWG rule as feeding into the GDPR balancing test: if the channel itself is unlawful under the UWG, it is hard to argue that the recipient's interests do not outweigh yours. In practice, if you fail the UWG test, a perfect legitimate interest assessment will not save the email.

Where the courts have taken it

The direction of German case law over the last 15 years is consistent: a broad definition of advertising, a strict view of consent, and no special treatment for business inboxes.

Five myths that get foreign senders into trouble

Myth 1: "B2B is exempt."

It is not, for email. Section 7(2) No. 2 speaks of the "addressee" and draws no line between consumers and businesses. The B2B distinction exists only for phone calls.

Myth 2: "Legitimate interest covers it."

Legitimate interest is a GDPR concept. It does not answer the separate UWG question, and in Germany the UWG question comes first.

Myth 3: "We are not a German company, so German law does not apply."

German courts generally apply German unfair competition law to advertising aimed at the German market, wherever the sender sits (the "market location" principle, also reflected in Article 6 of the EU Rome II Regulation). The GDPR can also reach non-EU companies that offer services to people in the EU. A US or Indian sender emailing Munich inboxes should assume German rules apply.

Myth 4: "The fine for cold email is up to €300,000."

That figure is real but belongs to a different rule. Section 20 UWG lets the Federal Network Agency (Bundesnetzagentur) fine up to €300,000 for advertising calls to consumers without consent, and up to €50,000 for failing to document consent for those calls. The everyday risk for B2B email is different, which brings us to the next section.

Myth 5: "An email asking for permission is fine."

German courts read "advertising" as any message meant to promote sales. An unsolicited email that asks "may I send you information about our services?" still serves that purpose, so it carries the same risk. Ask for permission through a channel that allows the first contact.

What the risk actually looks like

For B2B email, the realistic consequences are civil, not criminal:

• A warning letter (Abmahnung). The recipient company, a competitor or a qualified trade association can send a formal letter demanding that you stop. It usually asks you to sign a cease-and-desist undertaking (strafbewehrte Unterlassungserklärung) that promises a contractual penalty if you do it again, and often to pay the other side's legal costs.
• A court injunction if you refuse, with the costs of the proceedings on top.
• A complaint to a state data protection authority, which can ask you to explain where the data came from and, in serious cases, issue GDPR fines (up to €20 million or 4% of worldwide annual turnover for the most serious infringements under Article 83).

The undertaking is the part that hurts in the long run. Once signed, it can apply to future emails to that recipient for years, which is why a careless campaign can cost far more than a single month of outreach.

Sender identity: the Impressum and your signature

Even a perfectly permitted email can break German rules if it hides who you are. Three things to get right:

• Website Impressum. Since 14 May 2024, the legal notice duty for websites sits in section 5 of the Digital Services Act (Digitale-Dienste-Gesetz, DDG), which replaced section 5 of the old Telemedia Act. The content requirements did not change: name, address, legal form, representative, contact details including email, and register details where applicable. Every link in your email will lead somewhere; that somewhere needs an Impressum if you target Germany.
• Business letter details. German companies must show certain details on business letters "in whatever form", which is read to include email. For a GmbH, section 35a of the GmbH Act lists legal form, registered office, register court and number, and all managing directors.
• No disguised senders. Section 7(2) No. 3 UWG and section 6 DDG require that commercial communications are recognizable as such and that the sender is not concealed. Sending from lookalike domains is common in outbound; make sure the name, company and Impressum link in every message are real and consistent. Check those domains' SPF, DKIM and DMARC with our free email DNS checker and our DMARC, SPF and DKIM explainer.

{{First name}} {{Last name}}
{{Title}}
{{Company legal name}} {{legal form, e.g. GmbH / Ltd / Inc.}}
{{Street}}, {{Postcode}} {{City}}, {{Country}}
Phone: {{+country code number}} | {{website}}
Impressum / legal notice: {{link}}

[German company only:] Registered office: {{city}} | Register court: {{Amtsgericht ...}} | {{HRB number}}
Managing directors: {{names}}

You can object to further emails from us at any time: reply "stop" or write to {{address}}.

What B2B senders can actually do: a consent-first sequence

The legal map above points to one design: use the channels that permit a first contact (phone with presumed consent, LinkedIn, letters, events, inbound) to earn an explicit yes, record it, then use email for what it is good at. Here is how we structure it.

Step 1: Build a list where every row has a reason

For B2B calls, presumed consent depends on concrete facts before the call, so the research is the legal basis, not just good targeting. Write the reason into the CRM next to each contact. The table shows the difference; it is our reading of the BGH test, not a list from the court.

Step 2: A non-sales LinkedIn touch

Hallo {{first name}} / Hi {{first name}},

I read your post on {{topic}} and especially agreed with {{one specific point}}. I work with {{type of company}} on {{area}}, so I follow the topic closely. Happy to connect.

{{your name}}

When to use it: as the first touch to someone you have a real reason to know. Why it works: it builds familiarity without asking for anything, which makes the later call feel expected rather than cold. Write in German if your buyer posts in German.

Step 3: The call that asks for permission

"Guten Tag {{name}}, {{your name}} from {{company}}. I'm calling because {{concrete reason from Step 1}}.

We help {{type of company}} with {{one specific outcome}}. I don't want to take your time now. Would it be all right if I emailed you a short overview and two dates for a 20-minute call?

[If yes:] Thank you. I'll send it to {{email}} today. Just so you know, you can tell us to stop at any time.

[If no:] Understood, thank you. I'll make a note not to contact you again."

When to use it: with contacts where you have a concrete reason that supports presumed consent. Why it works: the call itself is the permitted first contact, it is short and respectful, and it ends with either a clear yes to email or a clear no that you record.

Step 4: Record the consent

Express consent must be specific: who agreed, to what, from which company, when and how. Note that section 7a UWG's documentation duty applies to phone advertising consent from consumers, but the same discipline protects you in any dispute about email.

Contact: {{name}}, {{title}}, {{company}}
Email: {{address}}
Consent given to: {{your company}} for emails about {{specific topic / products}}
How: phone call / LinkedIn message / event form / website form
When: {{date and time}}   Recorded by: {{rep name}}
Exact words or form text: "{{...}}"
Objection received: no / yes on {{date}} (all channels suppressed)

Step 5: The first email after a yes

Subject: The overview you asked for, {{first name}}

Hallo {{first name}},

Thank you for your time on the phone today. As agreed, here is the short overview: {{2-3 lines or link}}.

Would {{date 1}} or {{date 2}} work for a 20-minute call?

Best regards,
{{signature with company details and Impressum link}}

You agreed to receive this email on {{date}}. If you'd rather not hear from us, reply "stop".

When to use it: within a day of the phone or LinkedIn yes. Why it works: it references the agreement, delivers exactly what was promised and keeps the consent trail visible. After this, normal follow-ups are fine within the scope the person agreed to; our follow-up email templates and B2B email templates adapt well once permission exists.

Alternatives that need no permission step

• Letters. A short, personal letter to a named decision-maker with a clear way to respond (a booking link or a phone number) is permitted until they object. In a market where few competitors send them, they stand out.
• Inbound and content. Useful guides and tools that German buyers find themselves, with a clear opt-in form. Our cold email guides are an example of the approach.
• Events. Trade fairs are central to German B2B buying. A conversation at a stand is a natural moment to ask, "May I email you the details?"

Who should do what

• Germany is your main market: build the program phone-first with German-speaking callers, LinkedIn and letters, and treat email as a follow-up channel only. An outsourced SDR team for the UK and Europe with German speakers is often faster than hiring.
• Germany is one of several EU markets: run separate rules per country. The UK, for example, allows B2B email to corporate addresses with an opt-out under PECR. Our UK and Europe lead generation page explains how we split campaigns by country.
• You are choosing an agency for DACH: ask exactly how they handle section 7 UWG. If the answer is "we use legitimate interest", keep looking. Our checklist on how to choose a lead generation agency has the wider questions.

Whatever the route, the cost of a phone-first program is higher per contact than bulk email; budget for it honestly. Our pricing page shows our plans, and how our lead generation works shows how phone, LinkedIn and email fit together.

Bottom line

Cold email to German businesses without prior consent is not legal under the UWG, and GDPR legitimate interest does not change that. What German law does allow is a relevant B2B phone call based on concrete reasons, personal letters, non-sales LinkedIn contact, events and inbound. Use those to earn a specific, recorded yes, then email. It is slower than spraying inboxes, but it is the version that does not end with a warning letter.

Not legal advice. Check the official texts below and speak to a German lawyer before running a campaign.

Sources

• Section 7 UWG (unreasonable harassment, email and phone rules, existing customer exception): gesetze-im-internet.de, § 7 UWG (Federal Ministry of Justice, checked 2026-10-09)
• Consent documentation for phone advertising: § 7a UWG; fines up to €300,000 and €50,000: § 20 UWG and Bundesnetzagentur, documenting phone advertising consent
• GDPR recital 47, Articles 6, 21 and 83: EUR-Lex, Regulation (EU) 2016/679
• German data protection authorities' direct marketing guidance (2022): Datenschutzkonferenz, Orientierungshilfen
• BGH I ZR 218/07 (single advertising email to a business): lexetius.com
• BGH I ZR 27/08 (presumed consent for B2B calls) as summarized in chamber of commerce guidance: IHK Bonn/Rhein-Sieg, Werbung per Telefon, Brief und E-Mail (also cites BGH I ZR 191/03: a general fit with the business is not enough)
• BGH VI ZR 134/15 (advertising in auto-reply emails): IT-Recht Kanzlei
• BGH VI ZR 721/15 (consent requirements, business address): gesetze.co
• BGH VI ZR 225/17 (satisfaction survey is advertising): gesetze.co
• OLG Stuttgart 2 U 63/22 (postal advertising and legitimate interest): IT-Recht Kanzlei
• Impressum duty: § 5 DDG; commercial communications: § 6 DDG; GmbH business letter details: § 35a GmbHG

About the author

Subhendu J Shawn is the founder of B2BXclusive, a B2B outbound sales and lead generation agency, and the creator of Tailr CRM. His experience spans American Express and Amazon, and he has helped 50+ B2B companies build pipeline across the US, Europe, the Middle East and India. All articles by Shawn · Follow on LinkedIn