B2B cold calling: what is allowed?
In B2B, cold calling is permitted under clear conditions. Towards consumers it takes prior express consent, towards businesses presumed consent is enough. What that means in detail, and what the GDPR requires on top.
Only with prior explicit consent
Without that consent the sales call is not permitted.
Presumed consent is enough
Permitted where there is an objective connection between the offer and the business of the person called.
TMI works exclusively in B2B. That is the basis under Section 7 (2) no. 1 UWG, plus GDPR-compliant processing and documentation of every contact. Assessing your specific case is not a substitute for legal advice.
Note: This article explains the legal situation in general terms and to the best of our knowledge. It is not legal advice and does not replace a lawyer's review in an individual case.
Cold calling consumers is only permitted under section 7 (2) no. 1 of the German Act against Unfair Competition (UWG) with their prior express consent.
Towards other market participants, that is businesses, at least the presumed consent of the person called is enough.
Presumed consent can be assumed where there is a factual connection between the offer advertised and the business activity of the person called. It is not a free pass.
Independently of the UWG, the GDPR applies to processing the contact data: it requires a legal basis, traceable documentation and respect for the right to object.
Telemarketing International works exclusively in B2B and documents every contact in line with the GDPR.
The difference decides everything.
Section 7 of the German Act against Unfair Competition (UWG) treats advertising by phone as an unreasonable nuisance, with one important distinction based on who is called. Towards consumers a marketing call is only permitted if express consent has been given beforehand. Without it the call is unlawful.
Towards other market participants, that is businesses, at least presumed consent is enough. The legislator recognises that in business dealings a call can be expected if it fits the business of the person called.
That is exactly what compliance hangs on: presumed consent can only be assumed where a factual connection exists between the offer advertised and the activity of the person called. A call into the blue, without that connection, is not covered in B2B either. Which is why the target account analysis before the call is not busywork but the legal basis.
The UWG is only half the job.
The UWG answers whether the marketing call is permitted. The GDPR answers how the personal contact data has to be handled. Both apply side by side. In practice that means four things:
Legal basis
Processing the contact data needs a legal basis, in B2B usually legitimate interest.
Transparency
The person called must be able to see who holds their data, where it came from and what it is used for.
Right to object
Anyone who does not want to be contacted can object, and that has to be honoured reliably.
Deletion
Once the campaign ends the data is deleted; keeping it permanently without a reason is not permitted.
How TMI keeps this legally sound.
B2B only
We call companies, not consumers. The stricter requirements for approaching consumers do not apply to us because we do not work that field at all.
A factual connection before the call
The target list follows from your offer: we approach companies whose business has a recognisable connection to it. That is precisely the basis of presumed consent.
Documentation per contact
Every contact is recorded traceably: who spoke with whom, when and about what. That is a GDPR obligation and at the same time what makes it possible to act on an objection immediately.
Data minimisation and purpose limitation
Data supplied by the client is used exclusively for the commissioned campaign, is not passed on and is deleted once it ends. We are bound to confidentiality under the GDPR.
Law and data protection.
Read enough? Put us to the test.
5 meetings in 4 weeks.
Or 50 % back.
TMI TestDrive is the entry point without a contract term: four weeks of cold outreach by our team, bookable once per company. You judge us on the result, not on the promise.
- Fixed price, one-off
- No contract term
- Once per company
Win new customers on solid legal ground.
TMI runs your B2B appointment setting GDPR-compliant and documented. Answer a few questions about your sales. We configure your individual solution from that.
Next: What is B2B appointment setting? · What does telemarketing cost? · Appointment setting by industry