In brief
- Email and text messages: marketing only with prior consent, also towards businesses (§ 174(3) TKG 2021).
- Calls and fax: marketing only with prior consent, with no existing-customer exception (§ 174(1)).
- Letters: not covered by the TKG; for natural persons the GDPR applies and, for address publishers, the Robinson list.
- A list of addresses does not include consent. This article is general information, not legal advice.
What § 174 TKG 2021 covers
Austria’s Telecommunications Act 2021 sets out its rules on unsolicited messages in § 174 TKG 2021. Two paragraphs matter for B2B sales:
- Paragraph 1: calls, including the sending of faxes, for advertising purposes without the user’s prior consent are not allowed. Consent can be withdrawn at any time.
- Paragraph 3: sending electronic mail, including text messages, is not allowed without the recipient’s prior consent if it is sent for direct marketing.
Unlike German unfair competition law, the Austrian rule does not distinguish between consumers and businesses for email and calls. A limited company is treated in the same way as a private individual. That makes Austria one of the strictest markets in the EU for cold outreach.
The channels at a glance
You can scroll the table sideways.
| Channel | Towards businesses | Towards consumers | Provision |
|---|---|---|---|
| Call | prior consent | prior consent | § 174(1) |
| Fax | prior consent | prior consent | § 174(1) |
| Email, text message | prior consent; exception only for your own customers | the same | § 174(3) and (4) |
| Addressed letter | not covered by the TKG | not covered by the TKG; GDPR and Robinson list | GDPR, § 151 GewO |
The only exception: your own customers
Under § 174(4) TKG 2021, prior consent for electronic mail is not required if all four conditions are met:
- The sender obtained the contact details in connection with a sale or service to its customers.
- The message promotes the sender’s own similar products or services.
- The customer was given a clear, free and easy way to refuse such use when the details were collected and with every message.
- The customer has not refused such messages in advance, in particular by registering on the list under § 7(2) ECG.
The exception assumes that the sender received the address from its own customer. It does not apply to a purchased list. There is no comparable exception for calls and fax.
The ECG list
Under § 7 ECG, the regulator RTR keeps a free list on which people and businesses can register if they do not want to receive marketing emails. Anyone who sends electronic marketing has to respect this list. It is expressly mentioned in the existing-customer exception: anyone registered has refused such messages. RTR’s ECG list can be matched through an interface.
Does this apply to senders based in Germany or Czechia?
Yes. The E-Commerce Act has a country-of-origin principle, but under § 21 ECG it does not apply to whether unsolicited marketing by email is allowed. Under § 174(6) TKG 2021, an offence committed abroad is deemed to have been committed where the message reaches the recipient. Anyone writing to or calling Austrian businesses has to follow the Austrian rules.
Letters: the channel for a first approach
Addressed marketing letters are not covered by § 174 TKG 2021. Under data protection law it depends on who you write to:
- Legal persons (GmbH, AG, associations) are not data subjects under the GDPR. Their business address is not personal data.
- Sole traders, freelancers and named contact persons are natural persons. You need a legal basis, in practice usually legitimate interests under Art. 6(1)(f) GDPR, and you must observe the information duty under Art. 14 and the right to object under Art. 21 GDPR.
- Robinson list: under § 151 GewO(9), the advertising and market communication association of the Austrian Economic Chamber keeps a list of people who do not want addressed advertising. Address publishers and direct marketing companies must not send addressed advertising to people on it or pass on their data.
Consequences of a breach
- Administrative fine. Under § 188 TKG 2021, the telecoms authority can impose a fine of up to €50,000 for emails and text messages in breach of § 174(3) or (5) (para. 4 no. 28) and up to €100,000 for sales calls in breach of § 174(1) (para. 6 no. 9). Complaints can be filed online with the Fernmeldebüro.
- Injunction. Austrian unfair competition law has no specific spam provision. A breach of § 174 TKG can, however, be pursued as a breach of law under § 1 UWG; the Supreme Court examined this in Supreme Court (OGH), 28 September 2021, 4 Ob 95/21f. Competitors can bring such claims.
- Data protection. Where sole traders are affected, the data protection authority may also act.
What this means when you work with a company list
In Austria, a company list is a tool for four jobs: addressed postal mailings, maintaining and enriching your CRM, market analysis and sales territory planning. It is not suitable for marketing emails, text messages or sales calls to businesses that have not consented, whatever its source.
This is how we handle it at kontaktdatenbank.at: phone number and email address are data fields for matching against your records and for contacting businesses that have consented or approached you themselves. We do not offer an export “for cold outreach by email”. The export and sample file page shows how the file is structured.
Checklist before a campaign
- Choose the channel: letter, or email and phone only with documented consent or within the existing-customer exception.
- Store consents with date, wording and source.
- Match the ECG list before every email send.
- Flag sole traders in the list (legal form) and prepare the information under Art. 14 GDPR.
- Keep your own suppression list and match it before every mailing.
- Identify the sender clearly and offer an easy way to unsubscribe (§ 174(5) TKG 2021, § 6 ECG).
- If in doubt, have your approach reviewed by a lawyer.
Frequently asked questions
Can I send a marketing email to Austrian businesses without consent?
No. Under § 174(3) TKG 2021, electronic mail including text messages sent for direct marketing requires the recipient’s prior consent. The law does not distinguish between consumers and businesses. The only exception covers your own customers under four conditions (§ 174(4)).
Is a sales call to a business allowed?
Only with prior consent. § 174(1) TKG 2021 prohibits calls, including faxes, for advertising purposes without the user’s prior consent; consent can be withdrawn at any time. Unlike email, there is no existing-customer exception for calls.
Does that apply if the email address is in the legal notice?
Yes. Publishing an address in the legal notice fulfils a statutory information duty (§ 5 ECG) and is not consent to advertising. § 174(3) TKG 2021 only looks at the recipient’s prior consent.
Can I send marketing letters to businesses?
§ 174 TKG 2021 covers calls, fax, email and text messages, not letters. Addressed letters to sole traders and other natural persons fall under the GDPR; address publishers and direct marketing companies must also respect the Robinson list under § 151(9) GewO.
What are the penalties for unlawful marketing?
Under § 188 TKG 2021 the telecoms authority (Fernmeldebüro) can impose fines of up to €50,000 for unlawful emails and text messages (para. 4 no. 28) and up to €100,000 for unlawful sales calls (para. 6 no. 9). Competitors can also sue for an injunction under § 1 UWG.
As of 25 October 2026. Statutes from the Austrian federal legal information system (RIS), Supreme Court decision as published in RIS, both retrieved on the same day. This article is general information and does not replace legal advice in an individual case.
