Short answer
In the DACH region, outbound is governed by two sets of rules: data protection (GDPR) and competition law. In Germany, cold calls to businesses are generally permitted where a presumed interest can be assumed, while advertising emails generally require prior consent, also in B2B. Austria and Switzerland have their own rules. Plan channels accordingly and document data sources. This article is general information, not legal advice.
Which rules apply to B2B outbound in DACH?
Two areas matter. Data protection law (the GDPR in Germany and Austria, the Swiss Federal Act on Data Protection in Switzerland) governs how you collect and use contact data. Competition law governs which channels you may use for advertising without consent: in Germany the Act against Unfair Competition (UWG), in Austria mainly the Telecommunications Act (TKG 2021), in Switzerland the Swiss UWG.
Is cold calling businesses allowed in Germany?
Under the German UWG, advertising calls to businesses are generally permitted if the company can at least presumably be expected to be interested. The call has to be relevant to the business of the person called. Calls to consumers without prior express consent are not allowed.
In practice: call companies for which your offer is clearly relevant, introduce yourself transparently and respect a no immediately.
Can I send cold emails to companies in Germany?
Generally not. Advertising emails require prior express consent, and this also applies to business recipients. There is a narrow exception for existing customers who bought from you and were informed of their right to object.
Emails after a conversation in which the contact agreed to receive information are a different case. Follow-ups based on a real conversation are a common and legitimate part of outbound.
What about Austria and Switzerland?
In Austria, unsolicited advertising by phone and electronic mail is regulated by the TKG 2021, and electronic advertising generally requires prior consent. In Switzerland, the UWG prohibits mass advertising by telecommunication without consent and requires respecting entries that mark a number as not wishing to receive advertising calls. Check the details for your channel and target group before you start.
How do you set up outbound in line with GDPR?
For B2B contact data, the legal basis is usually legitimate interest. Document this assessment, use reputable data sources and inform contacts where required, for example about the source of their data.
- Document data sources and the legitimate interest assessment
- Offer a simple way to object and honour it immediately
- Store data only as long as needed and keep your CRM clean
- Use email after consent or after a real conversation, not as a first cold contact
Frequently asked questions
This article is for general information only and does not constitute legal, tax or investment advice. It does not replace advice on your individual case. Despite careful research, we accept no liability for accuracy, completeness or timeliness; use is at your own risk. Articles bearing an author's name reflect that author's opinion. The provider of and party responsible for all content is Optivanta Solutions LLC. More in the imprint
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