German Regulation

Germany’s telemarketing laws are the strictest in Europe and aim to prevent unfair competition.

The legal situation concerning outbound calls differs by type of relation: Business-to-Consumer or Business-to-Business.

Business-to-Consumer:

Unsolicited telephone calls to private persons are unlawful, without having an explicit agreement of the recipient.

Business-to-Business:

In the case of Business-to-Business relation the law is less restrictive. Outbound calls are allowed if there is an explicit or tacit agreement.

Outbound telephony is also allowed if there may be assumed that the recipient of the call would agree with this call.

There are some self-regulations, like for example the guidelines developed by the DDV. These guidelines include the following requirements:

  • Telemarketing is not allowed to consumers.
  • Telemarketing in business to business is not allowed unless:

1. the telemarketer has a prior consent from the business person, or

2. there is an existing contractual relationship, or

3. the telemarketer presumes the interest of the business person called

  • Once the call was answered the agent has to state

1. his name

2. the client’s name

3. the purpose of the call. It is unlawful to be deceptive about the real purpose of the call.

Reasonable hours

According to the “Ehrenkodex für Telefonmarketing” of the DDV, calls only between 8 am and 8 pm and only on weekdays are allowed.

In house do not call lists

According to DDV’s guidelines, if a prospect states that he/she does not want to receive any more calls from an organisation, it is not allowed to call that prospect again.

Telephone Preference Services

The TPS list doesn’t exist in Germany, because of the restrictive legal situation concerning outbound calls. It is only allowed to call a person if there is an explicit agreement from that person.

Confidentiality of conversations

In Germany it is specified that monitoring or recording of calls is not allowed without the permission of both persons involved in the call. If monitoring is used for training purposes, the permission of the call center agent is not necessary.

 

Learn more about: 

Functioning, features, types and benefits of predictive dialers.

Predictive Dialer Tutorial

Cost of predictive dialing systems, factors to consider in deciding which predictive dialer to purchase.

Predictive Dialing Questions and Answers

Factors affecting predictive dialers' performance.

Predictive Dialers - Overview

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