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First Act Amending the Unfair Competition Act (UWG)

ยง7 II An unacceptable nuisance is always deemed to exist where 1. advertising uses a commercial communication medium for distance selling, which is not listed in points 2 and 3 and where consumers are persistently contacted, even though they clearly do not want this; 2. advertising involves a telephone call to a consumer who has not given explicit prior consent to this or to another market participant without at least his assumed consent; 3. advertising involves the use of an automatic calling machine, a fax machine or electronic mail, where recipients have not given their prior consent to this, or 4. advertising involves a communication in which the identity of the sender on whose behalf the communication is sent is disguised or concealed or where no valid address is given, to which the recipient may send a request for such communications to cease, without thereby incurring costs other than the transmission costs according to the basic tariff.