GermanyGesetz gegen den unlauteren Wettbewerb, Documentation of Consent to Telephone Advertising
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In force since .
A telephone contact rule binding private bodies.
As of .
What it requires
- Document a consumer's prior express consent to telephone advertising in an appropriate form at the time the consent is given.
- Retain that documentation for five years from the date consent was given and after every subsequent use of it.
- Produce the documentation to the competent administrative authority (the Bundesnetzagentur) without delay on request.
If you get it wrong
Criminal exposureNo
Private right of actionNo
Penalty structure
UWG § 20(1) Nr. 2, (2).
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 50,000
Who enforces it
Enforcement body
Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen.
What it reaches
Obligation class
Consent, Retention, Reporting
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
A business that advertises to a consumer by telephone call must document that consumer's prior express consent to telephone advertising, in an appropriate form, at the time the consent is given, and keep that record for five years from the date of giving and after every later use of it. The business must produce that record to the competent administrative authority on request without delay.
Inserted by the Gesetz für faire Verbraucherverträge of , in force since ; unlike a violation of § 7, a failure to document or retain consent under this section is not one of the grounds UWG §§ 8 and 9 give a competitor or association its own civil claim for.
When LexLint raises it
automated_outreach
Read the law
Official text, Bundesministerium der Justiz and Bundesamt für Justiz, gesetze-im-internet.de
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.