Customer experience is a crucial factor for business success today. Anyone who contacts potential customers must not only offer added value, but also strictly adhere to the legal framework. Since the introduction of the GDPR, clear guidelines have been in place that often raise questions, especially in the area of B2B cold calling: What data may be processed? Is consent required? And how can telemarketing be made legally compliant?
Summary
What does the GDPR mean for B2B cold calling?
The GDPR requires a legal basis for any processing of personal data (Art. 6 (1) GDPR). For telephone calls in the B2B sector, this means that even if a legal entity is not directly considered a “data subject,” personal data is usually processed during the call—such as the name or telephone number of a contact person.
The good news is that consent is not mandatory. Instead, processing can also be based on a “legitimate interest” (Art. 6(1)(f) GDPR). However, it must always be checked whether the interests or fundamental rights of the person being called take precedence.
Recital 47 of the GDPR provides support: Direct marketing may constitute a legitimate interest, but only if a careful balancing of interests is carried out.
Important: The GDPR permits B2B cold calling without explicit consent, provided that there is a legitimate interest and the interests or fundamental rights of the person being called do not outweigh this. The origin of the data is also crucial: publicly available contact details (e.g., on the company website) indicate a legitimate interest, while purchasing address lists from dubious providers can quickly become problematic.
The GDPR permits B2B cold calling without explicit consent, provided that there is a legitimate interest and the interests or fundamental rights of the person being called do not outweigh this.
Differences between B2B and B2C in telephone sales
The greatest confusion often arises from the interaction between the GDPR and competition law. While the GDPR primarily regulates data protection, the Unfair Competition Act (UWG) specifies when advertising calls are permissible.
- B2C (consumers): Telephone advertising is generally not permitted without prior express consent.
- B2B (businesses): In this case, presumed consent is sufficient (Section 7 (2) No. 2 UWG). This is given if, based on specific circumstances, it can be assumed that the person being called has a genuine interest in the offer.
This means: In the B2B environment, cold calling is possible, but subject to clear conditions. Companies must be able to prove that the phone call was not “unreasonably harassing.”
How to make GDPR-compliant B2B calls
In order for B2B calls to be legally compliant, two key requirements must be met:
- Presumed consent in accordance with Section 7 of the German Unfair Competition Act (UWG)
- Legitimate interest in accordance with Article 6(1)(f) of the GDPR
If these basic principles are taken into account, telemarketing can be carried out without the need to obtain prior consent. However, further obligations apply.
The right preparation:
Before you pick up the phone, you should ask yourself the following questions:
- Is the source of the contact details reliable (e.g., your own research, the company’s website, trade fair contact)?
- Is there a clear reason for the call (current business developments, professional publication by the contact person, relevant industry)?
- Can I explain transparently during the conversation why I am calling this particular person at this particular time?
Consents & Documentation
Even if explicit consent is not mandatory, companies can choose this route. Advantage: legal certainty. Disadvantage: high effort.
This is because consent must be documented—ideally through a double opt-in procedure. Companies should also observe the information requirements under Articles 13 and 14 of the GDPR: those contacted must be informed about the purpose, type, and duration of data processing.
Practical tip: Even for calls made without consent, document why you assumed there was a legitimate interest—for example, “Contact found via specialist article on topic X” or “According to its website, the company is specifically looking for solutions in area Y.” In case of doubt, this can protect you from warnings.
Although explicit consent offers a high degree of legal certainty, it requires extensive documentation (e.g., double opt-in) and compliance with the information requirements under Articles 13 and 14 of the GDPR.
Legal consequences of violations
Anyone who violates the GDPR or UWG risks significant consequences:
Warnings and injunctions by competitors or consumer associations
Fines that can amount to up to €20 million or 4% of global annual turnover, depending on the severity of the violation
Loss of image and trust, which has a long-term negative impact on customer relationships
Companies should therefore establish compliance processes and have their call strategies reviewed regularly by legal experts.
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Practical examples & best practices for legally compliant acquisition
How can B2B telemarketing be implemented in practice without falling into a legal gray area?
Example 1: The successful acquisition call
A software provider for time tracking calls the office manager of a medium-sized company. Reason: A position in the human resources department was recently advertised on the company’s website, and according to its own advertisement, the company is looking for “digital solutions for time tracking.” There is a clear factual interest here—the call is legally unobjectionable.
Example 2: The problematic call
A beverage wholesaler calls the managing director of a tax consulting firm to sell him a new water dispenser. There are no points of contact, thematic overlaps, or indications of interest. This call is an unreasonable nuisance and can be warned against.
Best practices for everyday work:
- Targeted audience approach: Only call companies that have a clear interest in your offer (e.g., industry, company size, current needs).
- Be transparent: Introduce yourself clearly, name your company, and state the purpose of the call.
- Documentation: Record why a call was justified (e.g., publicly available contact details, professional relevance).
- Follow-up rules: Determine how often and at what intervals you follow up to avoid harassment.
- Seek legal advice: Legal advice should always be sought for new campaigns or in cases of uncertainty.
This ensures that B2B telephone acquisition remains an effective sales tool—without unnecessary legal risks.
