GermanyGesetz gegen den unlauteren Wettbewerb, Documentation of Consent to Telephone Advertising
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Consent, Retention, Reporting
What it requires
- Document a consumer's prior express consent to telephone advertising in an appropriate form at the time the consent is given.NIST Privacy FrameworkCT.PO-P1
- Retain that documentation for five years from the date consent was given and after every subsequent use of it.NIST Privacy FrameworkCT.PO-P2
- Produce the documentation to the competent administrative authority (the Bundesnetzagentur) without delay on request.NIST Privacy FrameworkGV.PO-P5
These lines are LexLint's reading of the law's text. Also read by: Bundesnetzagentur (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- GV.PO-P5Legal, regulatory, and contractual requirements regarding privacy are understood and managed.
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
- FINOS AIGF
- AIR-DET-004AI System Observability
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
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.
Settledness
- As of
- Guidance link
- https://www.bundesnetzagentur.de/DE/Fachthemen/Telekommunikation/Unternehmenspflichten/Telefonwerbung/start.html
- Guidance body
- Bundesnetzagentur
What this law does
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
When your app profile says your app places automated calls.
Back to the example · Lint your app
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