Glossary · C

Consent under section 7 UWG

Definition

Under section 7 of the German Act against Unfair Competition (UWG), consent is the precondition for calling consumers for marketing purposes or sending them marketing emails and messages.

The German Act against Unfair Competition (UWG) protects people from unreasonable nuisance through advertising. For outbound campaigns, section 7 UWG is the central provision.

#What section 7 UWG requires

Contact method	Consumers	Other market participants
Marketing call by a person	Prior express consent	At least presumed consent
Automated call, fax, email, SMS, messaging	Prior express consent	Prior express consent

Express means a deliberate, active agreement for a specific purpose. A pre-ticked box is not enough, and neither is a sentence buried in the terms and conditions.

The Federal Network Agency can fine marketing calls made without consent (section 20 UWG). Competitors and associations can also issue formal warnings.

#The existing-customer exception

For email marketing there is a narrow exception in section 7(3) UWG. A business that obtained an address in connection with a sale may advertise its own similar goods or services.

The conditions: the person has not objected and is clearly told about the right to object when the address is collected and every time it is used. Marketing calls have no such exception.

#The documentation duty

Section 7a UWG requires consent to telephone marketing from consumers to be documented appropriately when it is given. The record must be kept for five years from when consent was given and after each use.

What robust consent includes

When and where consent was given

The exact wording that was agreed to

The channel and purpose it covers

A withdrawal that takes effect on every list at once

Forms and a pen on a dark desk — Consent is only worth as much as its record: time, source, wording.

#Service is not marketing

Not every call is marketing. A reminder of an agreed appointment or a notice about an outage serves the contract. Where the line lies has to be checked case by case; once an offer is added, section 7 UWG applies.

Personal data is also subject to the GDPR.

Lists & consent stores consent per channel with time, source and wording and checks it before every contact attempt, designed for section 7 UWG. Go deeper with Consent in outbound and the guide Outbound with consent in Germany.

All terms