Sending marketing SMS in Germany is governed by the Federal Data Protection Act (BDSG), the GDPR and the German Act Against Unfair Competition (UWG §7). All three converge on the same principle: you can only text a recipient who has given prior, explicit, freely-given and documented consent to receive marketing on a specific number.
Key legal requirements
| Requirement | What it means |
|---|---|
| Prior opt-in | Explicit consent collected before the first SMS, with proof |
| Identification | The sender must be clearly identifiable |
| Easy opt-out | Free and immediate (typical: reply STOP to unsubscribe) |
| Sending hours | Avoid before 08:00 and after 21:00 local time |
| Records | Keep timestamp, source and content of consent |
What counts as valid consent
Pre-ticked boxes, bundled consents (one tick for “email + SMS + partners”) and consents collected without a clear description of what you will send are not valid in Germany. The opt-in must be specific to SMS marketing from your brand and granular enough that the recipient understands what to expect.
Other rules to keep in mind
Number portability and special-rate ranges have their own rules; sender IDs and short codes must comply with German telecom regulations. For a broader view of restrictions across countries, see SMS laws and restrictions.
Stay compliant before your next German SMS campaign
Use Mailpro’s opt-in management and STOP keyword handling to enforce these rules automatically. Read our guide on how to send SMS with Mailpro.