B2B Email Compliance in DACH: Cold Emails, GDPR, and UWG — What's Allowed

The legal situation: complicated, but doable

B2B cold emails in Germany sit at the intersection of the UWG (unfair competition law), GDPR (data protection), and the ePrivacy Directive. The good news: it’s allowed — if you do it right.

Germany: UWG + GDPR

UWG Section 7 — unfair competition law

The UWG treats advertising by electronic mail without prior express consent as “unreasonable harassment” — Section 7(2) No. 2 UWG, with no B2B exception. The presumed consent that Section 7(2) No. 1 UWG allows for telephone calls to business market participants does not exist for email.

Impermissible without consent — even when:

• there is a factual connection between your offer and the recipient’s business
• The email is clearly identifiable as advertising
• A working opt-out is provided
• The sender is correctly identifiable (legal notice/Impressum obligation)

Not allowed:

• Mass emails with no connection whatsoever to the recipient
• Concealing the promotional nature of the email
• Emails to private addresses (Gmail, web.de, etc.)
• Continuing to send after an opt-out

GDPR — data protection

Processing business contact data for cold emails is based on Art. 6(1)(f) GDPR (legitimate interest).

Your obligations:

Obligation	What you have to do
Legal basis	Document legitimate interest
Balancing of interests	Weigh your interest against the recipient’s rights and document it
Information obligation	Privacy notice in the email (or a link to it)
Right to object	A simple opt-out in every email
Data minimization	Collect only necessary data (name, email, company, role)
Storage limitation	Delete data once there’s no longer a reason to process it

Practical implementation for Germany

Email footer (mandatory information):

[Company name] | [Address] | [Commercial register]
You are receiving this email because your company operates
in the [industry] sector and our offer might be relevant to you.
Privacy: [link to privacy policy]
Unsubscribe: [unsubscribe link]

Austria: stricter than Germany

The Austrian TKG 2021 Section 174 is more restrictive:

• Rule: Email advertising requires prior consent (opt-in)
• Exception: An existing business relationship + a similar product/service
• B2B practice: Significantly more restricted than in Germany

Recommendation for Austria:

• Cold emails to new contacts are risky
• Better: LinkedIn connection first, then email after contact has been made
• Or: phone-based first contact, then email as a follow-up

Switzerland: similar to Germany

Switzerland’s nDSG (new data protection act, since 2023) and its UWG are comparable to the German regulation:

• B2B cold emails: Allowed with a factual connection and an opt-out
• No GDPR application (except when processing EU citizens’ data)
• Swiss UWG Art. 3(o): Prohibits mass advertising without a connection, allows targeted B2B outreach

Compliance checklist for the DACH region

Before sending

• Only business email addresses (no @gmail, @web.de, etc.)
• Factual connection between offer and recipient’s business can be established
• Balancing of interests documented (a template is enough)
• Privacy policy updated (mentions cold outreach)
• Opt-out process works and has been tested
• Sender correctly identifiable (company, address)

In every email

• Company name and address in the footer
• Unsubscribe link (working)
• Privacy notice or link to the privacy policy
• No concealed promotional character

After sending

• Opt-outs implemented within 24h
• Opt-out list maintained (suppression list)
• Bounces removed
• No renewed contact after an opt-out

Technical implementation with tools

Instantly.ai / Lemlist

Both tools offer:

• Automatic unsubscribe link
• Suppression lists (global opt-out list)
• Custom footer with mandatory information

Setup:

1. Create a footer template with all mandatory information
2. Enable the unsubscribe link (this is standard)
3. Set up a suppression list and check it before every send
4. Automatically remove bounced emails

Clay + enrichment

GDPR-compliant enrichment:

• Only enrich business data
• No private social media profiles
• Keep a record of processing activities (which data, from where, for what)
• Delete data after 6 months of no interaction

The most common mistakes

1. Contacting private email addresses — @gmail.de is a no-go, even if used for business
2. No opt-out — every cold email must have a working unsubscribe link
3. Continuing to email after an opt-out — stop immediately, add to the suppression list
4. No documented balancing of interests — must be documented before the first email goes out
5. Treating Austria like Germany — Austria is stricter, different rules apply
6. Using tool data without checking it — Apollo/ZoomInfo data also contains private addresses, filter first

Template: balancing of interests (fill in)

BALANCING OF INTERESTS under Art. 6(1)(f) GDPR

Controller: [Company]
Date: [Date]

1. LEGITIMATE INTEREST
We contact companies in the [industry/segment] sector
to introduce our [service].

2. NECESSITY
Email is the most efficient channel for B2B first contact.
Alternative channels (mail, phone) are less effective
and more expensive.

3. BALANCING OF INTERESTS
- Our interest: acquiring new customers, economic viability
- Recipient's interest: a potentially relevant offer for their business
- Intrusion: low (1 email, business address, simple opt-out)

4. PROTECTION OF DATA SUBJECTS
- Business contact data only
- Transparent sender
- Simple opt-out in every email
- Deletion after 6 months of no interaction

CONCLUSION: The controller's interests prevail,
since the intrusion is low and appropriate protective
measures are in place.

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