Germany
German email rules name 'the addressee', with no business carve-out.
On our reading of the official English translation, UWG section 7(2) makes email advertising depend on the addressee's prior express consent, with no carve-out for businesses. The phone rule differs, and section 7(3) adds a narrow exception for existing customers. EU transfer rules for a vendor in India follow, with sources and dates.
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The rules that matter here
Marketing email, texts and calls
- UWG section 7(2): advertising by automated calling machine, fax or electronic mail needs the recipient's prior express consent; telephone advertising to consumers needs prior express consent, and to other market participants at least presumed consent.[1] Note: Read in German on gesetze-im-internet.de and checked against the official English translation at gesetze-im-internet.de/englisch_uwg/ on 2026-10-02; the translation can lag the German text. Re-read in the official English translation on 2026-10-05: no. 2 (electronic mail) names 'the addressee' with no business carve-out; the 'at least presumed consent' wording for other market participants is in no. 1 (telephone calls) only.
- UWG section 7(3): email advertising to an existing customer is allowed without prior consent only if the address was obtained in connection with a sale, the advertising is for the company's own similar products or services, the customer has not objected, and the customer was clearly told at collection and in every message that they can object at no cost beyond transmission costs.[1]
Personal data
- The European Commission's list of countries with an EU adequacy decision (as retrieved) does not include India. Transfers of personal data from the EU to a country without an adequacy decision need another tool, commonly Standard Contractual Clauses.[2]
- The European Commission describes Standard Contractual Clauses (modernized June 2021) as pre-approved model contracts used for transfers from EU/EEA controllers or processors to recipients in countries without an adequacy decision.[3]
Billing across borders
- The European Commission says that for supplies of services between businesses, the place of taxation is where the customer is established (Article 44 of the VAT Directive).[4] Note: Place-of-supply rule only. How the German customer accounts for the VAT is not published here.
Time zone and language
Central European Time, 3.5 to 4.5 hours behind India depending on daylight saving. A 10 a.m. to 6 p.m. business day in India overlaps the German morning and early afternoon. Languages: German. Our own context, not a sourced rule.
What buyers here ask
Can I send automated emails to leads?
UWG section 7(2) no. 2, in the official English translation, treats advertising by electronic mail without the addressee's prior express consent as an unacceptable nuisance. It says 'the addressee', with no carve-out for businesses. The 'at least presumed consent' wording for other market participants is in no. 1, which covers telephone calls only. Section 7(3) has a narrow exception for existing customers: the address came from a sale, the advertising is for your own similar products, the customer has not objected, and the customer was clearly told how to opt out. So cold email to a business address needs prior express consent as well. Get German legal advice.
Is a vendor in India a GDPR problem?
The Commission's adequacy list does not include India, so a transfer tool such as Standard Contractual Clauses is commonly needed. No processing agreement is on file; a person will confirm whether we can sign one, and on what terms. Your data-protection adviser should review it.
Can you phone my business contacts?
Not today. The AI Receptionist answers web chat; the phone side is not built yet, and it is not a cold-calling product. For outbound advertising calls, UWG section 7(2) needs prior express consent for consumers and at least presumed consent for other market participants.
How is VAT handled on your invoice?
The Commission states the B2B place of taxation is where the customer is established. We are not giving VAT advice; ask your Steuerberater.
These answers draw only on the sources listed on this page, last verified 2026-10-02.
Same on every market page: Prices (US dollars, fixed), WhatsApp opt-in rules, how this research is made. Prices are in US dollars. Whether we invoice in euros is not confirmed; ask on the Talk to us call.
Sources
- gesetze-im-internet.de/uwg_2004/__7.html retrieved back
- commission.europa.eu retrieved back
- commission.europa.eu retrieved back
- taxation-customs.ec.europa.eu retrieved back
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