Precleared

Guides

Cold email law in Germany: when an outbound agent may send

Before an agent sends a cold or marketing email to someone in Germany, these are the rules that decide whether it may. Each one is quoted from its legal source and checked on the date shown. Precleared applies them to one address at a time and returns the rule that decided, what the footer must include and a signed receipt.

The rules

Allowed

The UWG allows email advertising to an existing customer only if you obtained the address in connection with a sale, you advertise your own similar goods or services, the customer has not objected, and the customer is clearly told at collection and in every message that they can object.

Footer must include: Tell the customer clearly in every message that they can object at any time at no cost beyond basic transmission costs; identify yourself.

Next step: Send only if all four conditions hold; otherwise treat as blocked.

Section 7(3): "the entrepreneur has obtained from the customer the latter's electronic mail address in connection with the sale of goods or services"; "the entrepreneur uses the address for direct advertising of his or her own similar goods or services"; "the customer has not objected to this use"; "the customer is clearly and unequivocally advised, when the address is collected and each time it is used" of the right to object.

UWG section 7(3), English translation

Checked on 3 October 2026

Not allowed

Germany requires the addressee's prior express consent for advertising by electronic mail, for businesses as well as individuals. A published address does not count as consent. Competitors and associations can enforce this with warning letters and costs.

Next step: Do not email. Seek consent through a route the recipient offers, or move the lead to another channel.

Section 7(2) no. 2: an unacceptable nuisance is always to be assumed in the case of "advertising using an automated calling machine, a fax machine or electronic mail without the addressee's prior express consent". Translation current to 6 May 2024.

German Act against Unfair Competition (UWG), section 7(2) no. 2, English translation

Checked on 3 October 2026

Check one address

curl https://precleared.dev/api/v1/check \
  -H "Authorization: Bearer pc_live_..." \
  -H "Content-Type: application/json" \
  -d '{
    "recipient_email": "jane@example.de",
    "sender_country": "GB",
    "pitch": "Bookkeeping software for small firms",
    "address_source": "published",
    "recipient_country": "DE"
  }'

Over MCP, call contact_check with the same fields at https://precleared.dev/mcp.

Other countries

Decision support with sources, not legal advice.