AI Cold Calling in 2026: Germany's Do-Not-Call List, the Robinson List, Austria's B2B Rule, the UK and the US

The short answer: Germany has no government do-not-call list, and it does not need one. Marketing calls to consumers are illegal without their prior express consent, whether a person or an AI dials. Calls to businesses are allowed for a human caller if the business can be presumed to consent. For an "automatic calling machine", that is not enough: there, even businesses must have given express consent. Whether an AI voice agent counts as such a machine has not been decided by any court yet. Austria is stricter still and requires prior consent from businesses too.

This guide quotes the statutes and links every source. It is not legal advice. If you are planning a high-volume campaign into Germany, Austria or Switzerland, have a local lawyer review your consent wording.

The short version

• Consumers in Germany: marketing calls only with prior express consent. An existing customer relationship does not replace it on the phone. [1]
• Businesses in Germany: a human may call on presumed consent. An automatic calling machine needs every recipient's express consent, B2B included. [1]
• Documentation: consumer consent must be documented and kept for five years. [2]
• Fines: up to 300,000 euros for marketing calls without consent, up to 300,000 euros for hidden caller ID, up to 50,000 euros for missing documentation. [3][4]
• Do-not-call list: Germany has no government register. The Robinson list is voluntary and never replaces consent. [5]
• AI disclosure: since 2 August 2026, people must be told they are talking to an AI. Violations can cost up to 15 million euros or 3 percent of turnover. [6]
• Austria: prior consent is required for marketing calls to businesses as well as consumers. [7]
• Always fine: callbacks the customer asked for, appointment confirmations, delivery and payment information. None of these are marketing calls.

Country comparison at a glance

Details and sources for each country follow below.

Is there a do-not-call list in Germany? The Robinson list explained

No. Unlike the United States with its National Do Not Call Registry, Germany has no government register where consumers sign up to block marketing calls. That surprises many international sales teams, and it leads some to the wrong conclusion: "no list, so we can call anyone". The opposite is true. Because marketing calls to consumers need prior express consent anyway, silence in Germany means no, not yes. Every number is effectively on the do-not-call list until its owner says otherwise.

What does exist is the Deutsche Robinsonliste (German Robinson list). A non-profit association in Bochum has run it since 1996, with separate lists for post, email, telephone and fax. Signing up is always free of charge. Companies screen their lists against it voluntarily. [5]

What this means for your campaign:

1. The Robinson list never replaces consent. A number that is not on the list still may not receive a marketing call without consent.
2. Screening is still worth it. People on the Robinson list have said clearly that they do not want marketing, and they complain faster.
3. Keep your own suppression list on top. Anyone who says "do not call me again" during a call goes on it, before the next campaign run.

Anyone who charges a fee for an entry in "the Robinson list" is not the Robinson list.

Germany: what Section 7 of the Unfair Competition Act actually says

In Germany, telemarketing is regulated not by the GDPR but by the Unfair Competition Act (UWG). Section 7 (2) lists cases that always count as an unacceptable nuisance. Two of them matter for the phone. [1]

Number 1 covers the classic call. Prohibited is advertising "by telephone call to a consumer without their prior express consent, or to another market participant without at least their presumed consent".

Number 2 covers machines. Prohibited is advertising "using an automatic calling machine, a fax machine or electronic mail without the prior express consent of the addressee". Here the law does not distinguish between consumers and businesses. The addressee is whoever is called.

Is an AI voice agent an automatic calling machine?

This is the most important open question of the whole topic. The term comes from an era when machines played recorded announcements. An AI agent does not play a recording. It holds a conversation, answers questions and responds to objections. One can therefore argue it is closer to a human caller.

The purpose of the rule argues the other way. It is meant to stop advertising from being spread in unlimited volume without human effort. That is exactly what an AI agent can do: many calls at once with nobody on the line. A court interpreting the rule by its purpose may well classify an AI agent as an automatic calling machine.

Until a court decides, our advice is: treat AI marketing calls as if they were automatic calling machine calls. That means express consent, from businesses too. Anyone basing AI-driven B2B cold calling on presumed consent alone carries the risk of a cease-and-desist letter.

Existing customers: no exception on the phone

For email, the UWG has an exception for your own customers (Section 7 (3)). For the phone, there is none. [1] A consumer who bought from you two years ago may not receive a marketing call without express consent, not even a win-back offer. Many guides online miss this. So did the previous version of this article.

B2B: what "presumed consent" means

Presumed consent does not mean your offer might be useful to the business. There must be concrete circumstances suggesting that the business expects or would welcome this particular call, such as an ongoing business relationship on the subject or an enquiry the business made itself. A trade directory and a matching target group are generally not enough.

The Federal Network Agency (Bundesnetzagentur) does not fine calls to businesses. It is only responsible for consumers. [3] The B2B risk is different: competitors and trade associations can send cease-and-desist letters and sue for an injunction. That means legal fees and, for repeat violations, contractual penalties.

Documenting consent: Section 7a UWG

Since October 2021, companies must document consumer consent to telemarketing "in an appropriate form" and keep the record for five years. [2] In practice: when, where, with which wording and for which company was consent given? A ticked box without the stored wording is not enough.

Show your number

Anyone making marketing calls may not hide their caller ID or transmit a number that is not theirs. The rule is now in Section 15 (2) of the Telecommunications Digital Services Data Protection Act (TDDDG), with fines of up to 300,000 euros. [3]

What violations cost

These numbers are not theoretical. The Federal Network Agency received 39,842 complaints about unlawful telemarketing in 2025, 6 percent more than the year before, and imposed fines of more than 1.099 million euros in 13 major proceedings. [8]

The GDPR comes on top

Even when a call is allowed under the UWG, processing the phone number needs a legal basis under the GDPR. For direct marketing, legitimate interest under Art. 6 (1)(f) is an option. Recital 47 names direct marketing explicitly as a possible legitimate interest. [9] Two duties are often forgotten:

• Information: if you did not get the number from the person directly, you must tell them where your data comes from at the latest at the first contact (Art. 14 GDPR). [9]
• Objection: if someone objects to direct marketing, you may no longer use their data for it (Art. 21 (3) GDPR). The agent must understand "please do not call again" and pass it on. [9]

Recording calls

Recording another person's privately spoken words without authorization is a criminal offence under Section 201 of the German Criminal Code. [10] If your AI agent records calls, say so at the start. At EchoCall, audio recording can be switched off per agent. In Zero-PII mode, neither audio nor transcripts with personal data are stored.

Austria: consent required for B2B calls too

Austria is stricter than Germany. Section 174 of the Telecommunications Act 2021 prohibits calls for marketing purposes without the subscriber's prior consent, and that explicitly includes businesses. [7] The Austrian Economic Chamber (WKO) sums it up: even the first contact for marketing purposes needs consent, which can be withdrawn at any time. [11]

So the frequent question, whether an AI voice agent may do B2B cold calling in Austria, has a clear answer: not without prior consent. It makes no difference whether a person or an AI dials. The GDPR and the AI disclosure under Art. 50 of the AI Act apply on top, as in Germany.

Switzerland: star entries and caller ID

Switzerland uses an opt-out model. People who do not want marketing calls can mark their directory entry with a star. Since 1 January 2021, numbers without a directory entry have the same protection as star-marked numbers. [12] The legal basis is Art. 3 (1)(u) of the Swiss Unfair Competition Act (UWG). [13]

Two special points:

• Companies where someone is a customer may call them for marketing purposes, even if they have a star entry. [12]
• Marketing calls must display a number that is listed in the directory and that the caller is entitled to use (Art. 3 (1)(v) UWG). [13]

Violations can be prosecuted on complaint (Art. 23 UWG). The State Secretariat for Economic Affairs (SECO) can file criminal complaints itself. [12]

United Kingdom: TPS, CTPS and automated calls

In the UK, the Privacy and Electronic Communications Regulations (PECR) apply. The regulator, the ICO, distinguishes two kinds of call: [14]

• Live calls: you must not call any number registered with the Telephone Preference Service (TPS) or the Corporate TPS (CTPS), unless the person has specifically told you they are happy to receive your calls.
• Automated calls: you need specific consent for this type of call. General marketing consent is not enough, and neither is consent to live calls.

On every call you must display your number and provide a contact address if asked. The ICO can impose fines of up to 500,000 pounds. [14][15] Whether an AI agent is an "automated call" under PECR is as open as the automatic calling machine question in Germany. The safe assumption is the same: yes.

United States: AI voices fall under the TCPA

In the US, the situation has been clear since February 2024. The FCC ruled that AI-generated voices are "artificial" voices under the Telephone Consumer Protection Act (TCPA). [16] Calls using an artificial voice therefore need the called party's prior express consent, and for telemarketing, prior express written consent. [17]

The familiar telemarketing rules apply on top: screening against the National Do Not Call Registry and calls only between 8 a.m. and 9 p.m. in the called party's local time. [17] Every called party can sue for TCPA violations, with 500 US dollars in damages per call and up to three times that for willful or knowing violations. [18] For a campaign of 10,000 calls, that is an existential sum.

EU AI Act: the AI disclosure is mandatory

Independent of marketing law, Article 50 of the EU AI Act requires, since 2 August 2026, that people are informed when they interact with an AI system, at the latest at the start of the first interaction. [6] For phone calls that means the agent says in its first sentence that it is an AI. Not only when someone asks.

An AI agent that passes itself off as human does not meet this duty. At EchoCall the notice belongs in the first message of the phone agent, written in the language the agent speaks. The help centre shows sample sentences for it. What the obligation covers in detail is in our article on the AI disclosure requirement under the EU AI Act.

Which AI outbound calls are allowed

The good news: most calls where AI really pays off are not marketing calls at all. They belong to a contract or to a request the customer made themselves.

A callback stays allowed only as long as it stays on topic. If a question about an invoice turns into an offer to switch plans, the service call has become a marketing call.

How companies build such campaigns is described in AI mass calling and outbound campaigns, and win-back with consent in customer win-back with AI.

Checklist: setting up compliant AI outbound

1. Clarify the purpose. Is the call marketing, or does it belong to a contract or request? When in doubt, it is marketing.
2. Get consent where it is needed. With your own wording that names the phone and, to be safe, the AI call explicitly.
3. Document consent. Time, source, wording, company. Keep it for five years.
4. Clean your lists. Screen against your own suppression list and the Robinson list, in the UK against TPS and CTPS, in the US against the National Do Not Call Registry.
5. Show your number. A real number assigned to you that people can call back.
6. AI notice in the first sentence. Who is calling, for which company, and that it is an AI.
7. Act on objections immediately. "Please do not call again" goes on the suppression list before the next run.
8. Record only with notice. Or switch recording off entirely.

What EchoCall brings to the table

EchoCall is not a tool for getting around the law. It is a tool that makes the checklist above easy:

• AI notice at the start of every call, in the agent's language, in 74 languages.
• Campaigns with a recipient list, start time and a caller number from your account, cancellable at any time. The campaign API is included in every plan.
• Privacy per agent: audio recording can be switched off, retention period is configurable, and Zero-PII mode covers industries with especially sensitive data.
• Paperwork: data processing agreement, technical and organizational measures and the subprocessor list are available for download on our GDPR page.
• Pricing: voice from 75 euros for 250 minutes, about 0.30 euros per minute, no setup fee. Details on the pricing page.

Consent and the suppression list remain your responsibility. Only give the agent numbers you are allowed to call.

Frequently asked questions about AI cold calling

Does Germany have a do-not-call list?

No government register. There is the voluntary German Robinson list, which companies can screen against. It does not replace consent, because marketing calls to consumers need prior express consent anyway.

Is cold calling legal in Germany?

Not to consumers: marketing calls need their prior express consent. A human may call businesses if concrete circumstances support presumed consent. Automatic calling machines need express consent from businesses too.

Is B2B cold calling with an AI agent legal in Germany?

That is legally unresolved. If the AI agent counts as an automatic calling machine, Section 7 (2) no. 2 UWG requires the express consent of every recipient, including businesses. Until a court decides otherwise, you should assume it does.

Is B2B cold calling legal in Austria?

No. Section 174 of the Telecommunications Act 2021 requires prior consent for marketing calls, explicitly including businesses. This applies to humans and AI agents alike.

Does an AI agent have to say it is an AI?

Yes. Article 50 of the EU AI Act requires, since 2 August 2026, that people learn at the latest at the start of the interaction that they are talking to an AI. The notice belongs in the first sentence.

Can I call existing customers with an AI agent?

For service and contract matters, yes: appointment confirmations, delivery status or payment reminders. For marketing to consumers, no: there is no existing-customer exception on the phone in Germany. You need express consent.

Which GDPR requirements apply to outbound calls?

Every phone number needs a legal basis under Article 6 GDPR, for service calls usually performance of a contract. If you did not get the number from the person directly, tell them where it comes from at the latest at the first contact (Article 14 GDPR). An objection to direct marketing must be respected at once (Article 21 (3) GDPR). On top come the AI disclosure under Article 50 of the AI Act and a data processing agreement with your provider.

What does a violation cost?

In Germany up to 300,000 euros for marketing calls without consent and for hidden caller ID, up to 50,000 euros for missing documentation. A missing AI disclosure can cost up to 15 million euros or 3 percent of annual turnover. In the US, every called party can claim 500 to 1,500 US dollars per call.

Sources

1. Section 7 UWG (Germany), unacceptable nuisance: gesetze-im-internet.de, Section 7 UWG
2. Section 7a UWG (Germany), consent to telephone advertising: gesetze-im-internet.de, Section 7a UWG
3. Bundesnetzagentur, unlawful telemarketing (responsibility, caller ID under Section 15 (2) TDDDG, fines up to 300,000 euros): bundesnetzagentur.de
4. Section 20 UWG (Germany), fines: gesetze-im-internet.de, Section 20 UWG
5. Deutsche Robinsonliste: robinsonliste.de
6. Regulation (EU) 2024/1689 (AI Act), Art. 50 transparency obligations and Art. 99 penalties: eur-lex.europa.eu
7. Austria, Section 174 Telecommunications Act 2021: ris.bka.gv.at
8. Bundesnetzagentur, press release of 26 January 2026 on telemarketing complaints: bundesnetzagentur.de
9. Regulation (EU) 2016/679 (GDPR), Art. 6, Art. 14, Art. 21 and Recital 47: eur-lex.europa.eu
10. Section 201 German Criminal Code (StGB), violation of the privacy of the spoken word: gesetze-im-internet.de, Section 201 StGB
11. WKO, advertising by telephone, fax, email and SMS, what is allowed (German): wko.at
12. SECO, unsolicited marketing calls (star entry, numbers without entry since 1 January 2021, customer exception, criminal complaints): seco.admin.ch
13. Switzerland, Federal Act against Unfair Competition (UWG), Art. 3 (1)(u) and (v), Art. 23: fedlex.admin.ch
14. ICO, Guide to PECR, telephone marketing: ico.org.uk
15. ICO, What are PECR (fines up to 500,000 pounds): ico.org.uk
16. FCC, Declaratory Ruling of 8 February 2024 on AI-generated voices: fcc.gov
17. 47 CFR § 64.1200, delivery restrictions (consent, calling hours, National Do Not Call Registry): law.cornell.edu
18. 47 U.S. Code § 227 (TCPA), private right of action and damages: law.cornell.edu

All links were checked on 6 October 2026. This article is not legal advice.

Revised in October 2026: we removed claims we could not source.

Further reading

• AI disclosure requirement under the EU AI Act
• AI mass calling and outbound campaigns
• AI voice agent statistics 2026: fines and complaint numbers at a glance
• AI voice agent: features and pricing