📞 Cold calling and unwanted calls

Advertising calls to consumers require their prior express consent. The Bundesnetzagentur (Federal Network Agency) can fine violations.

Cold calling Cold call Consent Bundesnetzagentur Fine Prize draw Automated calling machine § 7 UWG

In brief

Companies must not call you for advertising purposes unless you have expressly agreed beforehand.

This also applies to automated calls, fax and e-mail advertising.
Companies must document and keep your consent.
The Bundesnetzagentur can impose high fines.

Do not agree to anything binding on the phone. You can often withdraw from contracts made by phone.

Step by step

Confirm nothingNo "yes" on the phone, do not give any data.
Note the callDate, time, displayed number, company, content.
Report it to the BundesnetzagenturComplaint about cold calling. You can find instructions on bundesnetzagentur.de.
Check the contractWas a contract concluded? Then withdraw (see the page on withdrawal).

Deadlines

up to €300,000

Fine for unlawful cold calling§ 20 Abs. 1 Nr. 1 i. V. m. Abs. 2 UWG

up to €50,000

Fine for documentation violations§ 20 Abs. 1 Nr. 2 UWG

5 years

Retention of consent documentation§ 7a Abs. 2 UWG

Watch out – common mistakes

Suppressing the caller number on advertising calls is prohibited (§ 15 Abs. 2 TDDDG); fine of up to €300,000 (§ 28 Abs. 1 Nr. 9, Abs. 2 TDDDG).
Taking part in a prize draw is not consent to advertising calls from other companies.
Fines go to the state, not to you. Damages are a separate question.

In depth · legal basis, figures and practice – for advisers and professionals

Legal basis

§ 7 Abs. 2 Nr. 1 UWG: An unreasonable nuisance is always to be assumed in the case of advertising by telephone call to a consumer without their prior express consent. No. 2 covers automated calling machines, fax and electronic mail without prior express consent. § 7a UWG requires consent to be documented; under § 7a Abs. 2 UWG the retention period is five years.

Enforcement

Under § 20 Abs. 1 Nr. 1 i. V. m. Abs. 2 UWG fines of up to 300,000 euros are possible, under no. 2 up to 50,000 euros; the Bundesnetzagentur is responsible (§ 20 Abs. 3 UWG). How exactly the complaint is to be submitted was not set out on the page retrieved; see bundesnetzagentur.de.

Who is responsible

Bundesnetzagentur (complaints about cold calling)
Verbraucherzentrale
Wettbewerbszentrale (Centre for Protection against Unfair Competition) and associations (cease-and-desist letters)

Quick questions

Worum geht es bei „Cold calling and unwanted calls“?

Advertising calls to consumers require their prior express consent. The Bundesnetzagentur (Federal Network Agency) can fine violations.

Which deadlines and figures matter?

up to €300,000: Fine for unlawful cold calling (§ 20 Abs. 1 Nr. 1 i. V. m. Abs. 2 UWG)
up to €50,000: Fine for documentation violations (§ 20 Abs. 1 Nr. 2 UWG)
5 years: Retention of consent documentation (§ 7a Abs. 2 UWG)

What should I do first?

Confirm nothing: No "yes" on the phone, do not give any data.
Note the call: Date, time, displayed number, company, content.
Report it to the Bundesnetzagentur: Complaint about cold calling. You can find instructions on bundesnetzagentur.de.

What do I need to watch out for?

Suppressing the caller number on advertising calls is prohibited (§ 15 Abs. 2 TDDDG); fine of up to €300,000 (§ 28 Abs. 1 Nr. 9, Abs. 2 TDDDG).
Taking part in a prize draw is not consent to advertising calls from other companies.
Fines go to the state, not to you. Damages are a separate question.

Evidence

gesetze-im-internet.de, § 7 UWG, retrieved 20 September 2026
Bundesnetzagentur, Telefonwerbung, retrieved 20 September 2026
Bundesnetzagentur, Bußgelder unerlaubte Telefonwerbung (search result), retrieved 20 September 2026

As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.