Is Cold Email Legal in Germany? UWG Rules for B2B, Consent and Penalties

Is cold email legal in Germany, in short: no, not without prior express consent, and that includes B2B. Section 7 of the Act Against Unfair Competition (UWG) treats any advertising email sent without the recipient's prior express consent as an unreasonable nuisance, whether the recipient is a consumer or a company. The only exception is for existing customers who bought from you, and it has four strict conditions.

That makes Germany one of the strictest places in Europe for cold email. In the US you may send the first commercial email without permission; in France and the UK, B2B email to company addresses is allowed on an opt-out basis. In Germany the first unsolicited sales email to a business can already be unlawful. This guide covers what the law says, the existing-customer exception, what every email must contain, who enforces it and how, and what to do instead.

Key takeaways

Is B2B cold email legal in Germany?

No. UWG section 7(2) no. 2 says advertising by electronic mail without the recipient's prior express consent is always an unreasonable nuisance. The wording makes no distinction between consumers and other market participants, so it covers a sales email to a company's general inbox or to a named manager exactly as it covers one to a private person.

German courts apply this strictly. In a 2009 order (I ZR 218/07, “E-Mail-Werbung II”), the BGH held that even a single unsolicited advertising email to a business can be an unlawful interference with its business. In 2013 (I ZR 208/12, “Tell-a-friend”) it held that recommendation emails sent through a company's website feature count as that company's own advertising. And in 2015 (VI ZR 134/15) the BGH found that advertising placed in an automatic confirmation email can infringe the recipient's rights once they have objected.

“Advertising” is read widely. An email offering your services, inviting someone to a sales demo, or asking whether they would like a quote is advertising. An email that only replies to a question the recipient asked you is not.

How does Germany compare with other countries?

The law that applies is the one where the recipient is, not where you are. A US company emailing German prospects is subject to the same rules as a German one. For the rest of Europe, see our guide to GDPR and B2B cold email; for the other countries, CAN-SPAM, CASL, PECR and the Australian Spam Act.

What counts as consent in Germany?

Consent must be given before the first email, must be express (an active choice such as ticking an unticked box), and must cover the kind of email you send. A business card handed over at a trade fair, an email address published on a website or a LinkedIn profile is not consent to advertising under section 7.

You also have to be able to prove it. In its 2011 double-opt-in decision (I ZR 164/09) the BGH said the advertiser must document each consent fully. That is why German businesses use double opt-in for email lists: the person signs up, receives a confirmation email, and only clicking the link in it completes the sign-up. Keep the record of when and how each person agreed.

When can you email without fresh consent? The existing-customer exception

UWG section 7(3) allows advertising email without express consent only when all four of these conditions are met:

• You received the customer's email address in connection with selling them goods or a service.
• You use it to advertise your own similar goods or services.
• The customer has not objected.
• You told the customer clearly, when you collected the address and in every email, that they can object at any time without any cost beyond basic transmission fees.

This is narrow. It does not cover leads who downloaded a guide, people who asked for a quote but never bought, other companies' customers, or products unrelated to what the customer bought. It is a route for selling more to existing customers, not for prospecting.

What must every commercial email to Germany contain?

Even when you have consent, the email itself has to meet several rules:

Sections 37a HGB and 35a GmbHG apply to business letters “whatever their form”, which is generally read to include email, so most German companies put these details in every email signature.

What happens if you send cold email to Germany?

The usual consequence is a formal warning letter, not a government fine. Under UWG section 8, competitors, qualified trade associations, qualified consumer associations and chambers of commerce can demand that you stop and, where repetition is likely, seek an injunction. The warning letter (Abmahnung) typically asks you to sign a cease-and-desist declaration.

The fines in UWG section 20 are often quoted in articles about cold email, but they cover advertising calls to consumers and the documentation of consent for those calls, not email. For email, the risk is the warning letter, an injunction and costs, plus GDPR if you processed personal data without a lawful basis.

Can you cold call German businesses instead?

B2B calls have a slightly lower bar than email. UWG section 7(2) no. 1 requires prior express consent for advertising calls to consumers, but for other market participants it is enough to have at least presumed consent: a concrete reason to believe the business would want the call, such as an existing relationship or a clear connection between your offer and its business. A general belief that “every company needs this” is usually not enough. Our cold calling guide covers scripts and routines once you have a lawful reason to call.

How do you reach German prospects legally?

• Earn the opt-in: a useful guide, webinar or tool with a double opt-in sign-up, then email the people who confirm. See lead magnet ideas.
• Ask before you send: at events or in calls with presumed consent, ask whether you may send information by email, and record the answer.
• Use the existing-customer route for your own customers, with the objection notice in every email.
• Make inbound easy: a German-language landing page and a booking link let interested buyers start the conversation.
• Split your lists by country: keep German contacts out of any sequence built for US prospects.

How Scalry handles this

Scalry gives you the tools to send and the safeguards, but the legal decision about who you may email stays with you. Sequences send from mailboxes you connect on your own domain, unsubscribes are suppressed across every campaign, and segments let you keep German contacts out of a cold sequence and send them only to consented lists. The automatic footer is designed for US CAN-SPAM; for German recipients, add your company details and imprint link to your email signature. More guides are in the cold email and deliverability hub.

Rules summarised from the Act Against Unfair Competition (UWG) sections 7, 8 and 20, the Digital Services Act (DDG) sections 5 and 6, section 37a of the Commercial Code (HGB) and the GDPR, all checked on 26 October 2026. Court decisions are summarised from published reports of the judgments. This is a plain-English summary, not legal advice; check with a German lawyer for your own situation.

Frequently asked questions

Is B2B cold email legal in Germany?

No. UWG section 7(2) no. 2 requires prior express consent for advertising email and does not exempt business recipients. The only exception is the existing-customer rule in section 7(3).

Can I email a German company whose address is on its website?

Not with advertising. A published address is not consent under German law, unlike in the UK or France where B2B email to company addresses can be sent on an opt-out basis.

What is the penalty for cold email in Germany?

Usually a warning letter (Abmahnung) and an injunction from a competitor or association, with legal costs. GDPR fines can reach €20 million or 4% of worldwide turnover. The €300,000 UWG fines apply to advertising calls to consumers, not email.

Is double opt-in required in Germany?

The law requires prior express consent that you can prove. Double opt-in is the standard way to prove it, which is why German businesses use it for email lists.

Does German law apply if I send from the US?

Yes. The rules follow the recipient, so emails to people in Germany must meet German law wherever you are based.

To keep country segments and suppression in one place, see Scalry's cold email.