After analyzing how Spain drastically reduced phone spam, let's continue our European tour with Germany. Our neighbor across the Rhine has been applying a radically different model from France for years, with results that deserve attention.
BNetzA: A Regulator with Extended Powers
The Bundesnetzagentur (BNetzA), or Federal Network Agency, is the German equivalent of ARCEP and DGCCRF combined. Created in 1998, it regulates the electricity, gas, telecommunications, postal, and railway markets.
Regarding phone spam, the BNetzA has direct sanctioning powers that it doesn't hesitate to use. Unlike France, where responsibilities are shared between CNIL (personal data), DGCCRF (commercial practices), and ARCEP (telecom), Germany opted for a single point of contact.
2025 Figures: A Continuous Rise in Complaints
According to official data published in January 2026, the BNetzA recorded:
- 39,842 written complaints about unsolicited advertising calls in 2025
- An increase of 6% compared to 37,561 complaints in 2024
- €1.099 million in fines imposed
- 13 major fine procedures conducted
Klaus Müller, President of BNetzA, stated: "Unsolicited marketing calls cause great harm to consumers and are also a serious problem for competition in the affected sectors. We will continue to take strong action against companies making unsolicited telesales calls."
Most Sanctioned Sectors
Analysis of 2025 complaints reveals an interesting breakdown:
- 28% relate to prize draws and lotteries (up from 20% in 2024)
- 11.5% energy (down from 14% in 2024)
- 10% various services
- 8% home improvements, particularly solar panels
Notable point: complaints about photovoltaics dropped by half thanks to BNetzA's targeted sanctions against abusive marketers in the sector. Proof that sanctions, when actually applied, change behavior.
The German Legal Framework: Opt-in Without Exception
Germany has long applied a strict mandatory opt-in regime for B2C telemarketing. The Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb or UWG) formally prohibits any advertising call to an individual without prior explicit consent.
Unlike France where opt-out via Bloctel prevailed until recently, Germany has never allowed "unless objected" marketing. No documented consent? No call. It's that simple.
Documentation Requirement Since 2021
Since October 2021, German companies have been legally required to document and retain proof of consent for each prospected contact. In 2025, BNetzA sanctioned companies for the first time for failing to comply with this requirement.
Poorly maintained records, unclear databases, and untraceable consents led to significant fines. This documentation requirement echoes CNIL recommendations in France on managing consent evidence.
Germany vs France: Two Philosophies
| Criteria | Germany (BNetzA) | France (CNIL/DGCCRF) |
|---|---|---|
| Default regime | Strict opt-in | Opt-out (Bloctel) until 2026 |
| Main regulator | BNetzA (single point) | CNIL + DGCCRF + ARCEP |
| 2025 complaints | 39,842 | ~150,000 (Bloctel) |
| 2025 fines | €1.1M | €487M (CNIL all sectors) |
| Max single fine | €300,000 | €375,000 (DGCCRF) |
| Mandatory documentation | Yes (since 2021) | Yes (GDPR) |
The contrast is striking: Germany receives 4 times fewer complaints than France despite a population of 84 million versus 68 million. Widespread opt-in for decades has shaped a market where "cold" telemarketing simply doesn't exist.
Limitations of the German Model
The German system is not perfect:
- Calls from abroad remain difficult to prosecute
- Spoofing allows circumventing restrictions
- Total fines (€1.1M) remain modest compared to the damage
- The continuous rise in complaints (+6%) shows the problem persists
Germany is now betting on deploying the STIR/SHAKEN protocol to combat number spoofing, like France with MAN (Number Authentication Mechanism).
4 Lessons for French Call Centers
1. Anticipate the Transition to Opt-in
With mandatory consent scheduled in France for August 2026, the German model becomes a reference. Companies that adapt now will have a decisive competitive advantage.
2. Rigorously Document Every Consent
The German experience shows that consent documentation is not optional. Each lead must be associated with traceable proof: date, time, source, exact wording of consent.
3. Proactively Monitor Your Reputation
Even under an opt-in regime, reports can occur. Using an automatic phone reputation monitoring tool allows identifying and addressing issues before they escalate.
4. Prioritize Quality Over Quantity
Germany proves that a market can function without mass marketing. German companies prospect less but better, with higher conversion rates thanks to genuinely interested contacts.
What France Can Learn from Germany
While the German model cannot be transposed as-is to France, several principles deserve consideration:
- A single regulator simplifies recourse for consumers and businesses
- Quick and public sanctions have a measurable deterrent effect
- Widespread opt-in structurally reduces complaint volume
- Mandatory documentation holds companies accountable
With the transition to opt-in planned for 2026, France will move closer to the German model. Call centers and sales teams that prepare now will be best positioned for this transition.
