Why Compliance Matters
Outbound calling is regulated in most countries. Non-compliance is not just a policy issue — it is a financial and legal risk.| Region | Regulation | Consequence |
|---|---|---|
| Germany | UWG (Unfair Competition Act) | Up to €300,000 per violation for unsolicited B2C calls |
| Austria | TKG (Telecommunications Act) | Up to €50,000 per violation |
| EU | GDPR / ePrivacy | Up to 4% of annual global revenue or €20 million |
| EU | AI Act | Mandatory disclosure that callers are speaking with AI |
| US | TCPA | 1,500 per call in statutory damages; class action lawyers actively monitor |
| US | FCC rules | Automated dialing systems require prior express consent |
| Canada | CASL | Up to $10 million per violation for organizations |
| Australia | Do Not Call Register Act | Heavy fines enforced by ACMA |
DACH Region (Germany, Austria, Switzerland)
Germany (UWG & DSGVO)
Germany (UWG & DSGVO)
Germany’s Gesetz gegen den unlauteren Wettbewerb (UWG) governs telemarketing alongside General Data Protection Regulation (GDPR) (DSGVO).Business-to-Consumer (B2C):
- Prior explicit consent required — Cold calling to consumers is prohibited without consent
- No presumed consent exists
- Business Hours: 8 AM to 9 PM local time (weekdays recommended)
- Providing a phone number in public directories does NOT constitute consent
- Allowed under presumed consent if:
- Prospect has documented interest in your product/service
- Interest must be concrete, not abstract
- You can demonstrate presumed agreement to be called
- Documentation is critical — Keep records of demonstrated interest
- BNetzA (Federal Network Agency) enforces violations
- Fines up to €300,000 per violation
- Automated dialing systems (robocalls) prohibited without consent
- Verify you have documented consent or legitimate business interest
- Set business hours to 8 AM – 9 PM (Europe/Berlin timezone)
- Keep detailed records of consent source and date
- Never call numbers on opt-out lists
Austria (TKG)
Austria (TKG)
Austria’s Telecommunications Act (TKG 2021) implements strict cold calling rules.B2C:
- Cold calling is prohibited — No presumed consent framework exists
- Stricter than Germany — explicit opt-in required
- ECG opt-out list — National do-not-call registry
- More lenient than B2C but still requires justifiable business relationship
- Document business connection before calling
- While not explicitly mandated, follow German standards: 8 AM – 9 PM local time
- Avoid weekends for cold outreach
- Use Europe/Vienna timezone
- Configure Mon–Fri 9 AM – 6 PM for conservative compliance
- Verify contacts are not on ECG opt-out list
Switzerland (UCA)
Switzerland (UCA)
Switzerland’s Unfair Competition Act (UCA) governs telemarketing.Key requirements:
- Asterisk opt-out: Anyone can register their number with an asterisk (*) in the phone directory to opt out
- Calling opted-out numbers is unfair unless pre-existing business relationship exists
- Caller ID display required: Must show registered, authorized phone number
- No specific legal hours, but best practice: 8 AM – 8 PM weekdays
- Respect business relationship context for timing
- Switzerland is not EU, but Swiss law is heavily influenced by GDPR
- Apply similar data protection standards
- Use Europe/Zurich timezone
- Configure Mon–Fri 9 AM – 6 PM
- Ensure your caller ID is properly registered
- Keep records of business relationships
European Union
EU ePrivacy & GDPR
EU ePrivacy & GDPR
For campaigns targeting EU countries, comply with the ePrivacy Directive (2002/58/EC) and GDPR (2016/679):
- Prior opt-in required for marketing calls in most EU countries
- Business Hours: No EU-wide standard, but respect cultural norms
- Recommended: Mon–Fri 9 AM – 6 PM local time
- Avoid lunch hours (12–2 PM in many countries, especially France, Spain, Italy)
International
United States (TCPA)
United States (TCPA)
For campaigns targeting U.S. consumers, comply with the Telephone Consumer Protection Act (47 USC § 227):
- Time restrictions: 8 AM – 9 PM recipient’s local time
- Applies to B2C marketing/sales calls
- Exemptions: Transactional calls, B2B, prior consent
- Fines: Up to $43,792 per violation
- FCC TCPA Rules
Canada (CASL)
Canada (CASL)
Canada’s Anti-Spam Legislation (CASL) governs commercial electronic messages:
- Prior consent required for commercial calls
- Provincial regulations vary
- Best practice: 8 AM – 9 PM local time
- Quebec has additional consumer protection rules
- Enforced by CRTC
Australia (Do Not Call Register Act)
Australia (Do Not Call Register Act)
Australia’s Do Not Call Register Act 2006 establishes strict telemarketing rules:
- Time restrictions: Mon–Fri 9 AM – 8 PM, Sat 9 AM – 5 PM (no Sunday calls)
- Based on recipient’s local time
- Heavy fines for violations
- Must check against Do Not Call Register
- Managed by the Australian Communications and Media Authority (ACMA)
Next Steps
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