Guide
Is B2B cold email legal in Germany? The honest answer
Many guides hedge. The statute does not: email advertising needs prior express consent, and it does not exempt businesses.
Short answer
Generally no. UWG § 7(2) No. 2 treats advertising by email "ohne dass eine vorherige ausdrückliche Einwilligung des Adressaten vorliegt" (without the addressee's prior express consent) as an unacceptable nuisance in every case [1]. It speaks of the addressee, not the consumer, so businesses are covered too. The one exception is for your own existing customers [3].
General information, not legal advice, as of the date above. Where a regulator says its guidance is under review, we say so. If your situation is unusual, ask a lawyer who practises in that country.
What § 7 says
§ 7(1) forbids business conduct that unreasonably bothers a market participant: "Dies gilt insbesondere für Werbung, obwohl erkennbar ist, dass der angesprochene Marktteilnehmer diese Werbung nicht wünscht" [2]. Our translation: this applies in particular to advertising although it is recognisable that the market participant addressed does not want it.
§ 7(2) then lists cases that are always an unacceptable nuisance. No. 2 is advertising "unter Verwendung einer automatischen Anrufmaschine, eines Faxgerätes oder elektronischer Post, ohne dass eine vorherige ausdrückliche Einwilligung des Adressaten vorliegt" [1]: using an automatic calling machine, a fax or electronic mail, without the addressee's prior express consent.
Why "B2B" does not help
The neighbouring rule for phone calls, No. 1, distinguishes consumers (who must consent expressly) from other market participants (whose consent may be presumed). The email rule, No. 2, makes no such distinction: it requires the prior express consent of the addressee, whoever that is. That is why a business recipient in Germany is not fair game for a cold email the way it is in the UK or France.
The existing-customer exception
§ 7(3) allows email advertising without consent only when all four conditions hold. The first is that "ein Unternehmer im Zusammenhang mit dem Verkauf einer Ware oder Dienstleistung von dem Kunden dessen elektronische Postadresse erhalten hat" [3]: you got the customer's address in connection with selling them goods or a service. The others: you advertise your own similar products, the customer has not objected, and you remind them at collection and in every email that they can object at any time. It does not cover new prospects.
Comparison
| Country | First cold email to a business |
|---|---|
| Germany | Needs prior express consent |
| France | Allowed if it relates to the person's job |
| Ireland | Allowed to companies until they object |
| UK | Allowed to companies; sole traders need consent |
What to do instead
- Leave German organisations out of cold email campaigns.
- Reach them where they invite contact: a phone call to a business may rest on presumed consent under No. 1, an event, a referral, or content they come to you for.
- Ask for consent in a channel that allows it, then email.
Questions
Is B2B cold email legal in Germany?
Generally no. UWG § 7(2) No. 2 requires the addressee's prior express consent for email advertising, without an exception for businesses.
Does the German rule apply to emails to companies?
Yes. The rule speaks of the addressee, not the consumer. The phone rule distinguishes consumers from businesses; the email rule does not.
Is there any exception for email advertising in Germany?
Only for existing customers: if you got their address when selling them something, you may advertise your own similar products, as long as they have not objected and are reminded each time that they can.
See what it would write for you
Type your website. Honest Intros reads it and shows the kind of first email it writes, quoting your own pages.
Free to start. Nothing is sent until you approve it.