KNOWLEDGE BASE Mobile Marketing In Germany

 

Mobile Marketing In Germany

 

Telephone marketing law in Germany is some of the strictest in Europe. Telephone marketing law differs depending on who you are calling, i.e., a consumer (business-to-consumer) or another business (business-to-business). Like much of the EU, Germany has a robust system of self-regulation that compliments its legal system. The German Call Center Association has developed comprehensive telemarketing guidelines (in German).

 

Business-to-Consumer

Unsolicited marketing telephone calls to private people are unlawful, unless you have their explicit consent. Because you are only allowed to call private people with their explicit consent, there is not a “no call” list in Germany.

 

Business-to-Business

Regulation on business-to-business calls is less restrictive. Business-to-business telemarketing is permitted if:

  • you (the telemarketer) has prior consent from the recipient; or

  • there is an existing contractual relationship; or

  • it can be assumed that the recipient is interested in and would agree to the call.

Once your call has been answered, you must tell the recipient your name and the purpose of the call. You should only make telemarketing calls between the hours of 8 am and 8 pm and only on weekdays. In Germany you are not permitted to monitor or record telephone calls unless you have the consent of all parties to the call.

 

You should keep an up-to-date in-house call list of recipients who have told you they do not want to receive telemarketing calls from you, as you are not allowed to call that recipient again.

 

 

What are the risks of noncompliance?

If you call a private person without explicit consent, federal telecommunication regulators can impose a fine of €50,000. If you fail to make your identity known in a way that allows the receiver to screen his call, you could face a €10,000 fine. Obtain legal support or work with a qualified telemarketing firm to ensure you are in compliance. 

 

Federal Network Agency (Bundesnetzagentur)

German Call Center Association

Telemarketing Guidelines (in German)

KNOWLEDGE BASE Mobile Marketing In Germany