Telephone advertising: rights and obligations with regard to UWG and data protection

03. November 2026 Laura Telefonwerbung DSGVO UWG Datenschutz

In Germany, telephone advertising is a topic that concerns both legal requirements and data protection obligations. Advertising by telephone, whether in the B2B or B2C area, is subject to strict rules governed by the UWG (Unfair Advertising Act) and the GDPR (General Data Protection Regulation). These laws protect the privacy of people talking and prevent unwanted promotions. Companies that advertise telephones must therefore be aware of their rights and obligations in order to act in a legally compliant manner and to gain trust with customers.

The UWG, for example, prohibits advertising that deceives the recipient or puts him under pressure. This includes improper promises, false information or the use of automated systems that cannot detect the recipient. In addition, it is forbidden to send advertising that influences the recipient in his decision or puts him in an unpleasant situation. The GDPR, on the other hand, stipulates that the consent of the person concerned to telephone advertising must be present and that the data of the person involved may only be processed within the framework of the legal requirements. Companies must also ensure that recipient data is not misused or unauthorized.

The requirements for telephone advertising are therefore not only legal, but also ethical. Companies that advertise telephones have to ask themselves whether their promotions respect the recipient and whether they maintain the privacy of the interlocutors. This is especially important because many people find telephone advertising to be disruptive or undesirable. Compliance with legal requirements is not only an obligation, but also an opportunity to strengthen the trust of customers and to position themselves as a trustworthy partner.

## What does this mean for your company? If you are doing phone advertising, you need to make sure your promotions comply with legal requirements. This includes obtaining the consent of the recipients, not making false promises and only processing the data of the contact persons within the framework of the GDPR. You should also make sure that your advertising does not deceive or pressure the recipient. Compliance with these obligations not only protects against penalties, but also strengthens the trust of your customers.

## How ISN/xynap supports this The telephony solution from xynap helps you to design telephone advertising in accordance with legal requirements. SIP-PBX telephony and voicemail integration ensure that all calls are processed in accordance with data protection requirements.

Sources (3)

  1. www.dr-datenschutz.de
  2. www.heise.de
  3. www.golem.de