AI Cold Calling Legal Guide 2026: UWG, AI Act & B2B
AI cold calling is only legal in Germany within narrow limits: under § 7 of the German Act Against Unfair Competition (UWG), you may only call consumers with their prior express consent and businesses with at least presumed consent – and since 2 August 2026, Art. 50 of the EU AI Act requires an AI agent to identify itself as AI at the start of the call. AI doesn't make the UWG rules any looser – stricter rules may even apply to AI calls. But AI makes it obvious how clean your processes are: who calls whom, on what basis and with what record.
One important open question concerns AI cold calling in B2B in particular: for advertising using an "automatic calling machine", § 7(2) No. 2 UWG requires prior express consent – even toward businesses. Courts have not yet decided whether an AI voice agent falls under this. So don't assume that B2B AI calls based on presumed consent are safely allowed.
This guide gives you the legal key points (as of November 2026), an overview of B2C vs. B2B vs. existing customers, a checklist before your first campaign and how anicall.io builds these rules into the software. Important: this article is orientation, not a substitute for legal advice. For your specific case, talk to a lawyer who specializes in German competition law.
In short:
- B2C: no sales call without prior express consent – whether a human or an AI is calling.
- B2B: for calls made by people, presumed consent is enough, and courts interpret it narrowly. Whether the same applies to AI calls, or whether they need express consent as an automatic calling machine, is unresolved.
- Documentation: you must be able to prove consumer consent for five years (§ 7a UWG).
- Transparency: show your number, disclose the AI, respect objections immediately.
What applies to AI cold calling of consumers (B2C)?
Sales calls to consumers are only allowed with their prior express consent – an AI call without that consent is an unreasonable nuisance under § 7(2) No. 1 UWG. "Prior" means the consent has to exist before the call. Asking for permission during the call ("May I quickly tell you about something?") does not make the call lawful.
The consent must specifically cover telephone advertising, apply to the specific advertiser and be given freely. Hidden checkboxes in prize draws or blanket consent for "partner companies" are regularly open to challenge.
Documentation duty under § 7a UWG
Since 1 October 2021, you must document a consumer's consent to telephone advertising in an appropriate form at the time it is given and keep the proof for five years. The period starts when consent is given and restarts after every use of that consent. On request, you must hand the proof to the Federal Network Agency (Bundesnetzagentur) without delay (§ 7a UWG).
In July 2022, the Bundesnetzagentur published interpretation guidelines on consent documentation. In practice: keep a traceable record of who consented, when, how and to what – for example with double opt-in, a timestamp and the exact wording of the consent statement.
Fines of up to €300,000
The Bundesnetzagentur prosecutes violations against consumers. Under § 20 UWG you risk:
- up to €300,000 for sales calls to consumers without prior express consent,
- up to €50,000 for missing, incomplete or not retained consent records.
On top of that, competitors and associations can send cease-and-desist letters (Abmahnung) and demand an injunction. At least the same limits apply to AI cold calling as to calls made by people.
When is AI cold calling allowed in B2B?
AI cold calling of businesses is only allowed if you can assume at least presumed consent – meaning concrete circumstances suggest that this particular company has a genuine interest in your call. According to case law, a mere industry connection is usually not enough. And even then, it is open whether presumed consent is sufficient for AI calls at all – more on this in the section on automatic calling machines.
Courts decide case by case and apply a strict standard. German chambers of commerce (IHK) list guiding questions that reflect the case law:
- Concrete interest: is there a traceable reason why exactly this company might need your offer – an inquiry, an ongoing business relationship or a clear link to its core business?
- Why the phone: is a call the appropriate channel, or would an email or letter be just as reasonable?
- No contrary will: if the company has already rejected sales calls, presumed consent is ruled out.
A well-known example is the German Federal Court of Justice (BGH) ruling "Suchmaschineneintrag" (20 September 2007, I ZR 88/05): calling businesses to offer them an entry in an online directory was unlawful because no concrete interest could be presumed. For AI cold calling, this means a purchased list of "all trade businesses in Hesse" does not, on its own, justify presumed consent.
Enforcement matters too: the Bundesnetzagentur can only impose fines under § 20 UWG for calls to consumers. Unlawful B2B calls are mainly pursued through cease-and-desist letters and injunctions. The risk isn't smaller, it just comes from a different direction. How to assess leads properly before calling is covered in our post on how to automate lead qualification.
Don't forget the GDPR: B2B contacts still involve personal data of contact persons. You need a legal basis (usually legitimate interest, Art. 6(1)(f) GDPR), must inform people about the processing and must honor an objection to direct marketing immediately (Art. 21 GDPR).
Does an AI voice agent count as an automatic calling machine?
This has not been conclusively settled. § 7(2) No. 2 UWG requires the addressee's prior express consent for advertising "using an automatic calling machine" – unlike No. 1, explicitly also toward businesses. The provision implements Art. 13 of the ePrivacy Directive 2002/58/EC, which refers to automated calling systems "without human intervention".
An AI agent dials and speaks without human intervention – which argues for treating it as a calling machine. On the other hand, the rule was originally aimed at pre-recorded announcements, while an AI agent responds individually in a dialogue. Some legal authors consider it justifiable to treat it like a human call if the agent can hold a free real-time dialogue (Ringel/Braegelmann, PayTechLaw, December 2024), but they themselves stress that there is no clear case law on this. We are not aware of any court decision specifically on AI voice agents (as of November 2026).
In practice: if you want to be on the safe side, get prior express consent in B2B too, or only call contacts who made an inquiry or asked for a callback themselves. If you want to base AI calls on presumed consent, have a lawyer review this first.
B2C vs. B2B vs. existing customers: the overview
The table below summarizes the rules for AI cold calling by phone in Germany. It does not replace a case-by-case review.
| Criterion | Consumers (B2C) | Businesses (B2B) | Existing customers |
|---|---|---|---|
| Legal basis under § 7 UWG | prior express consent | at least presumed consent (unresolved for AI calls, see next row) | consumers: express consent still required; businesses: presumed consent plausible if related to the business relationship |
| If AI counts as an automatic calling machine (§ 7(2) No. 2 UWG, unresolved) | prior express consent | prior express consent | prior express consent |
| Documentation | mandatory under § 7a UWG, 5 years | no § 7a duty, but strongly recommended (reason per lead) | as for B2C or B2B |
| Fine by Bundesnetzagentur | up to €300,000 (call), up to €50,000 (records) | no UWG fine, but cease-and-desist and injunction | depends on customer group |
| Show caller ID | mandatory | mandatory | mandatory |
| AI disclosure (Art. 50 AI Act) | at the start of the call | at the start of the call | at the start of the call |
| Objection | respect immediately, block | respect immediately, block | respect immediately, block |
A common misconception: for email marketing, § 7(3) UWG has an exception for existing customers. For telephone advertising to consumers, there is no such exception.
Austria and Switzerland: if you call into the wider DACH region, local rules apply. In Austria, the Telecommunications Act generally requires prior consent for sales calls, including to businesses. In Switzerland, you must respect, among other things, the asterisk marking in the phone directory. Have the target countries of your campaign checked separately.
What does the AI Act require for AI calls?
Since 2 August 2026, Art. 50 of the AI Regulation (EU) 2024/1689 applies: AI systems that interact directly with people must be designed so that the person learns, at the latest at the first interaction, that they are talking to an AI. For AI cold calling, this means the AI disclosure belongs in the greeting, not in the privacy policy.
The obligation is primarily aimed at the provider of the AI system; as the company deploying the calls, you should still make sure your agent says the disclosure reliably. Violations of the transparency obligations can be fined under Art. 99(4) with up to €15 million or 3% of worldwide annual turnover; for SMEs the lower amount applies. You can find the regulation on EUR-Lex.
A good greeting can sound like this: "Hi, this is Lena, the digital assistant of Example Ltd. I'm an AI. I'm calling because …" If the person asks, the agent honestly confirms it is an AI and offers a callback from a human on request. The other AI Act duties (risk classification, human oversight, timeline) are covered in detail in our AI Act compliance guide for voice agents. Here we focus only on the part that affects every single call.
What does honest appointment setting on the phone mean?
Honest setting means the call is transparent to the person from the very first second – who is calling, why, and that an AI is speaking. Tricks that were already risky with human callers don't get better with AI; they just scale faster.
Four rules to follow with every AI cold calling campaign:
- Show your number. In sales calls you may neither suppress nor falsify the caller ID. According to the Bundesnetzagentur, this applies to calls to consumers and businesses alike (§ 15 TDDDG); the fine can be up to €300,000.
- No deception at the front desk. No made-up appointments ("Mr. Miller is expecting my call"), no pretended acquaintance, no "it's private". The agent names the company and the real reason and openly asks for the responsible person.
- Respect objections immediately. If someone says "Please don't call again", the contact is blocked immediately and permanently – not after the campaign.
- Accept a no at the front desk. After two rejections, stop calling that company. Persistence against someone's stated will is exactly what § 7 UWG treats as a nuisance.
Honest setting isn't just a duty, it's also good sales: a front desk that is treated fairly is more likely to give you the direct line or a callback time.
Checklist before your first AI campaign
Before your first AI cold calling campaign goes live, you should be able to answer every line with "yes":
| # | Check | Done? |
|---|---|---|
| 1 | Target group clarified: consumers, businesses or existing customers? | ☐ |
| 2 | A legal basis stored for every lead (consent, inquiry, existing customer or documented interest) | ☐ |
| 3 | Consumer consent documented under § 7a UWG, 5-year retention secured | ☐ |
| 4 | Do-not-call list up to date and matched against the call list | ☐ |
| 5 | Caller ID active, no suppression | ☐ |
| 6 | AI disclosure in the greeting tested | ☐ |
| 7 | Call script without deception at the front desk | ☐ |
| 8 | An objection during the call automatically blocks the contact | ☐ |
| 9 | Calling hours set, number of attempts per lead limited | ☐ |
| 10 | Information under Art. 13/14 GDPR ready (e.g. privacy notice by link or email) | ☐ |
| 11 | Target countries checked (Germany, Austria and Switzerland differ) | ☐ |
| 12 | A human approved the call list before the start | ☐ |
| 13 | B2B: express consent obtained, or classification as an automatic calling machine reviewed by a lawyer | ☐ |
How anicall.io does it
The anicall.io AI setter is built so that the rules for legal AI cold calling don't depend on individual good intentions – they are part of the software:
- Lead traffic light: every lead carries a contact basis. Green: consent, inquiry, callback request or existing customer. Yellow: legitimate interest – only with a documented reason and only if you explicitly enable it for the campaign. Red: no basis, no call.
- Mandatory confirmation with a record: before every campaign start, lead import and API key creation, you confirm the legal basis under § 7 UWG. The confirmation is logged.
- Approval gate: call lists created via API, CRM or MCP only start once a human approves them in the dashboard or via API.
- Do-not-call list: objections block the contact account-wide.
- AI disclosure in the greeting: the agent introduces itself as a digital assistant, honestly confirms it is an AI when asked and offers a human or a callback.
- Stop after two front-desk rejections: after two rejections (configurable from 1 to 5), anicall.io stops calling that company.
- More guardrails: calling windows (default Mon–Fri 9 am–5 pm), up to 6 attempts per lead (default 3), dialing protection for premium-rate, special and emergency numbers, and target countries per account, by default Germany, Austria and Switzerland.
Every call is transcribed and summarized, so you can trace what was said. How anicall.io handles data is explained on the security & privacy page.
Important: the lead traffic light helps you, but it doesn't decide for you. A green existing customer who is a consumer has not automatically given express consent to telephone advertising. You are the advertiser under the UWG – responsibility for the lawfulness of your calls stays with you as the customer. Whether presumed consent (yellow) is enough for AI calls to businesses has not been conclusively settled – when in doubt, only call contacts who consented, made an inquiry or asked for a callback.
Frequently asked questions
Is AI cold calling generally banned in Germany?
No. AI cold calling isn't banned outright, it is subject to at least the same rules as human calls: B2C only with prior express consent, B2B only with at least presumed consent. In addition, since 2 August 2026 the AI must identify itself as AI at the start. Whether presumed consent is enough for AI calls to businesses, however, has not been conclusively settled.
Does an AI call count as an automatic calling machine?
That hasn't been settled yet. If an AI voice agent counts as an automatic calling machine under § 7(2) No. 2 UWG, you need prior express consent even for businesses. Until courts decide, express consent is the safe route; anything else should be reviewed by a lawyer.
How long do I have to keep consent to telephone advertising?
Five years from when it was given, and the period restarts after every use (§ 7a UWG). The duty applies to consumer consent; for B2B leads, documenting your reason still makes sense.
Do I have to say that an AI is calling if the person doesn't ask?
Yes. Art. 50 AI Act requires informing the person at the latest at the first interaction – whether or not they ask. That's why the disclosure belongs in the greeting.
Who is liable if the AI makes an unlawful call?
The company being advertised is responsible – that's you. Software like anicall.io can check the contact basis, enforce approvals and block objections, but it doesn't replace your own legal review.
Want to hear what honest AI setting sounds like? Try the live demo on anicall.io: call the AI reception right in your browser, let setter Lena present anicall.io to you or request a demo call to your phone (the demo agents speak German). Then start for free on anicall.io and test your first agent in the browser.
Note: this article reflects the legal situation as of November 2026 and is not a substitute for legal advice.