Approaching importers the right way: what is allowed by email in international sales – and what is not

An overview of anti-spam rules in key export markets and a sober look at how high the risk of a legal warning letter in Germany really is

Important note before you read on

This article does not constitute legal advice and is no substitute for review by a lawyer. Its purpose is to help exporters understand and assess the risks involved in contacting importers. The legal situation differs from country to country, changes constantly and always depends on the individual case. You will find a detailed disclaimer at the end of this article.

An olive oil producer from Andalusia has finally put together a clean list of 40 German delicatessen importers. One Tuesday morning, he sends each of them a friendly email with a price list and catalogue attached. Three importers reply with interest, most do not reply at all. And two weeks later, a letter arrives from a Hamburg law firm: a formal warning (“Abmahnung”) for unlawful email advertising, a demand to sign a cease-and-desist declaration, and an invoice for legal fees.

The example is invented, the pattern is not. Many foreign manufacturers assume that different rules apply between businesses than towards consumers – and that a factual business email to a publicly listed address such as info@ cannot be a problem. In many countries, that is true. In Germany, Austria and a number of other markets, it is not.

This article shows how different the rules are in key export markets, which contact channels work better in strict countries, and how high the risk really is for a foreign manufacturer of receiving a warning letter from a German importer.

Two basic terms: opt-in and opt-out

Almost all countries regulate email marketing according to one of two models:

•      Opt-in: marketing emails are only permitted if the recipient has given prior consent. Without consent, even the first message is unlawful.

•      Opt-out: the first message is permitted, but the recipient must be able to object easily at any time. After that, no further messages may be sent.

In the EU, the so-called ePrivacy Directive makes opt-in mandatory only for private individuals. For businesses, each country decides for itself. That is why there are such large differences within Europe, even though one might expect a single market to have uniform rules.

Important: what counts is the law of the country where the recipient is located. A manufacturer from Brazil, India or Spain writing to an importer in Munich must therefore comply with German rules.

A common misconception: “info@ is not a person, so data protection does not apply”

That is only half true. A generic company address such as info@ or sales@ is usually not personal data, so the General Data Protection Regulation (GDPR) plays little role. However, the ban on unsolicited advertising comes from a different area of law – in Germany, from the Act against Unfair Competition (UWG) and general civil law. And that applies to info@ addresses too.

Key export markets at a glance

The following overview assesses a typical case: a single, targeted email to an importer’s publicly listed generic address, without prior consent, with an offer that matches the recipient’s product range. The underlying laws and official guidance from the authorities are listed in the sources at the end of this article.

Country / region - Basic rule for emails to businesses - Assessment

Germany

Opt-in also towards businesses (Section 7(2) UWG). Exception only for existing customers.

Strict

Austria

Opt-in also towards businesses (Section 174 TKG 2021); administrative fines possible.

Strict

Italy, Spain

Opt-in also towards businesses; active data protection authorities.

Strict

Poland, Czech Republic, Denmark

Opt-in also towards businesses.

Strict

South Korea

Strict opt-in; the subject line must begin with “(광고)” (advertisement).

Strict

Netherlands

The anti-spam ban generally also applies to businesses; interpretation depends on the case.

Medium

Switzerland

Mass advertising without consent is prohibited, also towards companies; targeted individual emails are less critical.

Medium

Canada

Opt-in (CASL), but implied consent where the address is publicly listed and the message relates to the recipient’s business role. High penalties for violations.

Medium

Australia

Opt-in (Spam Act), but a similar exception to Canada for conspicuously published business addresses.

Medium

Japan

Opt-in, but an exception for addresses that companies publish for business purposes.

Low to medium

China

Consent and labelling (“广告”/“AD”) required; enforcement against individual B2B emails is rare.

Medium

USA

Opt-out (CAN-SPAM): sender identification, postal address and unsubscribe option are mandatory.

Low

United Kingdom

Opt-out for incorporated companies; sole traders and partnerships, by contrast, require consent.

Low

France, Belgium

Opt-out if the offer relates to the recipient’s professional activity; Belgium with an explicit exception for impersonal addresses such as info@.

Low

Ireland, Sweden, Finland, Portugal

Opt-out for legal entities.

Low

Brazil, other South American countries

No specific anti-spam law; data protection laws only concern personal data.

Low

Singapore, India

Singapore only regulates bulk sending; India has no specific anti-spam law for B2B emails.

Low

Even in low-risk countries, a few basic rules apply almost everywhere: the sender must be clearly identifiable (company name and full address), the subject line must not be misleading, and anyone who does not want to receive further messages must be able to unsubscribe easily – and must not receive anything afterwards.

What exactly applies in Germany?

German law is clearer here than many people think. Email advertising requires prior express consent – even if the recipient is a business [1]. Courts interpret the term “advertising” very broadly: any message intended to promote the sale of products, directly or indirectly, falls under it. As early as 2009, Germany’s Federal Court of Justice ruled that even a single unsolicited marketing email to a business can be unlawful [2].

Does the cautious “two-step inquiry” help?

A frequent recommendation is to first ask politely who the responsible buyer is and only send the offer after a reply. That makes sense in terms of etiquette and comes across as much less intrusive. Legally, however, it is not a safe solution: anyone who writes “We are a manufacturer of X and would like to send you our offer – who is responsible?” is clearly pursuing a sales objective. German courts would probably classify such an inquiry as advertising in most cases, too. A short, factual email without attachments reduces the likelihood that anyone will take offence – it does not remove the legal problem.

Does an unsubscribe link help?

No, at least not in Germany. An unsubscribe notice is good practice and mandatory in opt-out countries. But it does not replace missing consent.

Which channels are unproblematic in Germany?

•      Telephone: for calls to businesses, presumed consent is sufficient under Section 7(2) No. 1 UWG. If a manufacturer of delicatessen products calls a delicatessen importer, such an interest can generally be assumed. The company’s switchboard number is therefore often the safest route for the first contact.

•      Letter by post: advertising by letter is permitted in Germany as long as the recipient has not expressly objected. A well-made letter with a sample or product sheet also stands out more than the hundredth email in the inbox.

•      Supplier portals and “become a supplier” forms: many importers and retail chains explicitly invite offers from new suppliers on their websites. Using this channel means doing exactly what you have been invited to do.

•      Trade fairs: at trade fairs such as Anuga, ISM, BioFach or Ambiente, buyers come specifically to meet new suppliers. An appointment arranged in advance is the best way in.

•      LinkedIn: a connection request with a short, personal message asking whether you may send documents is common practice and is considered low-risk. A full sales pitch in the very first message should be avoided.

•      Email after consent: once the buyer has said on the phone, at a trade fair or via LinkedIn “feel free to send me something”, consent has been given. It is worth making a brief note of this, ideally with the date.

Fax, on the other hand, is not suitable: fax advertising in Germany also requires prior consent.

How high is the risk of a warning letter really?

The legal situation is one thing, practice is another. For a foreign manufacturer, the risk can be assessed by answering four questions.

1. Who can send a warning letter?

First and foremost, the recipient itself. German courts regard unsolicited advertising as an interference with the recipient’s business operations. The importer can therefore demand that the sender refrain from doing so in future and have its legal fees reimbursed. Competitors and associations, by contrast, hardly play a role when it comes to email advertising to businesses.

2. What does a warning letter cost?

A warning letter usually consists of two parts: a demand to sign a cease-and-desist declaration with a contractual penalty clause, and an invoice for legal fees. For individual marketing emails to businesses, courts usually set the amount in dispute in the low four-figure range. The legal fees to be reimbursed are then typically a few hundred euros. If the matter goes to court, it becomes considerably more expensive.

The real catch is the cease-and-desist declaration. Anyone who signs it and later writes to the same address again – for example through an automated newsletter – must pay a contractual penalty, which can quickly amount to several thousand euros. Anyone who receives a warning letter should therefore take it seriously, but not sign it without checking it first.

3. Can a German judgment be enforced abroad?

This is where the biggest difference lies between manufacturers from inside and outside the EU.

•      Manufacturers from the EU: German judgments are enforced in all EU member states largely like domestic judgments. For a manufacturer from Spain, Italy or Poland, the risk is therefore practically as high as for a German company.

•      Manufacturers outside the EU (for example from Brazil, India, Turkey or China): a German court may well have jurisdiction because the email was received in Germany. But to enforce the judgment in the manufacturer’s home country, it must first be recognised there – in Brazil, for example, by the Superior Court of Justice (STJ). This is laborious, expensive and hardly worthwhile for an amount of a few hundred euros.

But be careful: as soon as a foreign manufacturer becomes active in Germany or the EU, the picture changes. A trade fair stand, a branch, a warehouse or even just receivables from German customers provide starting points for enforcement. Anyone who wants to develop the German market should therefore not rely on being “out of reach”.

4. How likely is it that an importer will actually send a warning letter?

For a single, polite and well-matched email, the likelihood is, based on general practical experience, rather low. Most buyers simply delete uninteresting inquiries or reply with a brief rejection. However, there are no reliable statistics on this. The risk becomes significantly higher in these cases:

•      Mass mailings to many addresses at once, possibly with a visible list of recipients.

•      Repeated messages or follow-up emails without any response from the recipient.

•      Further messages after the recipient has already objected – this is the most common trigger.

•      Offers with no connection to the recipient’s product range.

•      Intrusive design: large attachments, price lists, discount campaigns, newsletter format.

•      Recipients who are legally savvy themselves or take action against marketing emails on principle.

The bottom line

Risk assessment for foreign manufacturers

Manufacturers from the EU: the risk is real and should be avoided. Emails to German importers without prior consent are legally vulnerable, and judgments can easily be enforced.

Manufacturers outside the EU: the financial risk of a single, targeted email is manageable in practice, as long as there are no assets and no presence in the EU. Legally, however, the email remains unlawful – and anyone who later wants to sell in Germany will build up exactly that presence.

For everyone: the bigger risk is often not the warning letter, but the first impression. Anyone who annoys a German buyer with an unwanted marketing email often gets no second chance with that importer. Telephone, letter, supplier portal, trade fair or LinkedIn are therefore usually the better route in Germany – not only legally, but also commercially.

Checklist for making contact in strict countries

•      Before the first contact, check whether opt-in or opt-out applies in the target country.

•      In opt-in countries, use telephone, letter, supplier portal, trade fair or LinkedIn first.

•      Only send emails once the recipient has agreed, and document that consent.

•      In opt-out countries: a single, targeted message instead of a mass mailing, with full sender details and a clear way to unsubscribe.

•      Act on every objection immediately and block the address permanently.

•      No heavy attachments in the first message; instead, offer to send documents on request.

•      If you receive a warning letter: do not ignore it, but do not sign it without checking either – this is a case where a brief consultation with a lawyer in the recipient’s country pays off.

How market entry studies help

This is exactly why the importer lists in Easy Prospect’s market entry studies contain not only generic email addresses but also – where available – switchboard numbers, contact forms and references to supplier portals or “become a supplier” pages. This allows manufacturers to choose, in every country, the contact channel that is customary there and carries the least legal risk. Responsibility for lawful contact in the individual case remains with the manufacturer.

Sources and further reading

The information in this article is based primarily on the legal texts themselves and on guidance published by the competent authorities. The links lead to the official versions where available. Most pages are in the respective national language or in English.

[1]    Germany: Act against Unfair Competition (UWG), Section 7 – Unacceptable nuisance (German): https://www.gesetze-im-internet.de/uwg_2004/__7.html

[2]    Germany: Federal Court of Justice, decision of 20 May 2009 – I ZR 218/07 (unsolicited marketing email to a business; German): https://lexetius.com/2009,2183

[3]    EU: Directive 2002/58/EC (ePrivacy Directive), in particular Art. 13 – Unsolicited communications: https://eur-lex.europa.eu/eli/dir/2002/58/oj?locale=en

[4]    EU: Regulation (EU) No 1215/2012 (Brussels Ia) – Jurisdiction and the recognition and enforcement of judgments: https://eur-lex.europa.eu/eli/reg/2012/1215/oj?locale=en

[5]    Austria: Telecommunications Act 2021, Section 174 – Unsolicited messages (German): https://www.ris.bka.gv.at/eli/bgbl/i/2021/190/P174/NOR40238632

[6]    France: CNIL – Les règles d’or de la prospection par courrier électronique (French): https://cnil.fr/fr/les-regles-dor-de-la-prospection-par-courrier-electronique-0

[7]    United Kingdom: Information Commissioner’s Office (ICO) – Business-to-business marketing: https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/business-to-business-marketing/

[8]    USA: Federal Trade Commission (FTC) – CAN-SPAM Act: A Compliance Guide for Business: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

[9]    Canada: Government of Canada (fightspam.gc.ca) – Getting consent to send email: https://www.fightspam.gc.ca/eic/site/030.nsf/eng/00008.html

[10]  Australia: Australian Communications and Media Authority (ACMA) – Avoid sending spam: https://www.acma.gov.au/avoid-sending-spam

The information on the other countries (including Italy, Spain, Poland, the Netherlands, Switzerland, Japan, South Korea, China, Singapore, India and Brazil) is based on the respective national laws as known at the time of writing. The assessments of warning-letter costs and likelihood are based on general practical experience, not on statistics.

Sources as of October 2026. Authorities and legal portals occasionally change their pages; should a link no longer work, the source can easily be found again using the title given.

Legal notice and disclaimer

Please note

No legal advice: this article is provided solely for general information on the risks involved in contacting importers and distributors. It does not constitute legal advice and is not a legally binding statement. The author is not a lawyer.

Not exhaustive: the presentation is deliberately simplified. It does not cover all countries, all exceptions or all situations. Special cases – such as sole traders, personalised email addresses, existing business relationships or industry-specific regulations – may lead to a different assessment.

The law changes: laws, regulatory practice and case law are constantly evolving. This article reflects the state of knowledge as of October 2026. No guarantee is given for the accuracy or currency of the information at the time you use it.

Risk assessments are not promises: statements on how likely a warning letter or legal action is are based on general experience, not on statistics. They are no guarantee that nothing will happen in your case. The fact that a violation is rarely pursued does not make it lawful.

Your own responsibility: you alone are responsible for contacting companies and for complying with the competition, anti-spam and data protection rules of the respective target country. Check the applicable rules before any marketing approach and, if in doubt, seek advice from a lawyer in the country concerned.

Liability: to the extent permitted by law, no liability is accepted for any damage or legal consequences (e.g. warning letters, injunctive claims, fines) arising from the use of the information presented here.