Many entrepreneurs wrongly believe that strict rules against unsolicited advertising apply only to private individuals (B2C) and that companies can be called and emailed freely. In Germany, Section 7 UWG significantly restricts cold selling in B2B as well.

Cold calling and the myth of a B2B exemption

Under Section 7(2) No. 1 UWG, advertising calls to consumers are only allowed with their prior express consent, and calls to businesses at least with their presumed consent. A call without such a basis is an unfair practice: competitors and associations can demand that it stop by sending a cease-and-desist letter (Abmahnung), and calls to consumers without consent can also be fined up to €300,000.

The narrow limits of presumed consent (mutmaßliche Einwilligung)

The only opening for B2B calls is so-called presumed consent. The courts interpret it very narrowly: the caller must have concrete, objective facts showing that the recipient is looking for exactly this solution right now (for example, the company has published an official request for subcontractors). A general interest in “optimising the business” is rejected by the courts.

Cold emails in B2B

For advertising emails, the law makes no distinction between private individuals and companies: without prior express consent, they are prohibited (Section 7(2) No. 2 UWG). The only exception is existing customers under the conditions of Section 7(3) UWG. An address from a public register or directory is not consent, and the recipient can demand that the mailings stop by sending a cease-and-desist letter.

Legitimate B2B lead generation strategies in Germany

Effective and fully lawful ways to attract German B2B partners include expert content marketing and search engine optimisation, professional networking on LinkedIn and Xing through experts' personal profiles, taking part in industry trade fairs (Messe), sponsoring conferences and targeted advertising.

What to check

  • Stop buying third-party lists of phone numbers and email addresses.
  • Do not send template cold offers to general info@ addresses.
  • Build inbound marketing through expert articles, webinars and industry case studies.
  • Use contacts from trade fairs and LinkedIn to start the first conversation.

Example situation

An IT integrator gave up cold calling in favour of publishing technical guides on SAP integration and generating leads on LinkedIn, tripling the number of high-quality inbound meetings.

Next step

Cold selling in Germany carries high legal risks; a reliable B2B pipeline is built on expert inbound marketing and personal networking.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.