B2B cold outreach in Germany: what is allowed by phone, email, post and LinkedIn
Many small B2B companies need new customers faster than recommendations and search can deliver, so they consider cold outreach. In Germany, the rules are stricter than in many other countries, and a single warning letter from a competitor can cost more than the whole campaign. Here is what works within the rules.
Phone: only with presumed consent
Under § 7 UWG, advertising calls to businesses require at least their presumed consent. Courts accept this only if there is a concrete reason to assume the company is interested in exactly your offer, for example an existing business relationship. A general fit with your target group is usually not enough. Calls to consumers require prior express consent.
Email: consent needed, even in B2B
Advertising emails require the recipient's prior express consent, whether business or consumer. The only exception covers existing customers: you obtained the address in connection with a sale, advertise similar products, the customer has not objected, and you point out the right to object every time (§ 7(3) UWG). Bought email lists do not provide consent.
Channels that remain open
Outreach is still possible, through other channels:
- Letters by post to a named contact, unless the company has refused advertising.
- Personal conversations at trade fairs and industry events.
- Articles and case studies that potential customers find through search.
- Recommendations from partners and existing customers.
- LinkedIn: personal, relevant messages within the platform rules; mass messages are risky.
Document consent and objections
Record where each contact came from and what consent exists, and block contacts who object in your CRM immediately. For advertising calls to consumers, consent must be documented and kept for five years (§ 7a UWG). Personal data from outreach also falls under the GDPR, including the duty to inform the people you contact.
Example: a supplier to restaurants
A coffee roaster who wants to supply restaurants should not call a purchased list. Better: a page for restaurant owners with prices and samples, a stand at the regional hospitality fair, letters with a tasting offer to selected restaurants and a referral reward for existing customers. We build such pages and connect enquiries to your CRM; a landing page starts at €600 with us.
Frequently asked questions
- Is a short, relevant cold email to a company allowed?
- Not in Germany without prior consent. Relevance does not replace consent, and competitors and associations can send warning letters.
- Do these rules apply to companies outside Germany?
- The rules of the recipient's country usually apply. Many EU countries are similarly strict; check before each campaign.
- Can I ask for consent by email?
- No. A first email asking for permission to send advertising is itself treated as advertising.
Sources
Tell us your target customers and offer. We will suggest compliant channels and build a page that collects enquiries.
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