Cold outreach Switzerland: what is allowed?

Cold outreach is generally permitted in Switzerland. Telephone marketing and addressed direct mailing are allowed. For telephone calls, numbers with a star marker and numbers that are not listed are protected. For email, a distinction must be made between automated mass advertising and a genuine individual business enquiry. This guide explains clearly what is allowed in B2B.

Key points

  • Telephone: Telephone marketing is generally permitted in Switzerland, including in B2B. Listed numbers without a star marker may be called for advertising purposes. A business relationship or consent is required for numbers with a star marker or no directory entry.
  • Mass email: Automated or serial marketing emails generally require prior opt-in. A narrow exception applies to existing customers.
  • Individual email contact: A B2B message that is genuinely researched individually and written manually is not expressly equated with mass advertising in the Federal Act on Unfair Competition (UCA). It remains a grey area because the FDPIC takes a broader approach. A private sender account or a personal salutation alone does not create permission.
  • Direct mailing: Personally addressed advertising by post is generally permitted. Publicly accessible business addresses can usually be used without prior opt-in, provided the recipient has not expressly objected to their use for advertising.
  • Personal data: Direct lines, personal email addresses and the names of contact persons are covered by the Federal Act on Data Protection (FADP).
  • Insurance: Since 1 September 2024, a special ban on telephone cold outreach has applied to the brokerage of health insurance.

Which laws govern cold outreach in Switzerland?

For a B2B campaign, the Federal Act on Data Protection (FADP), the Federal Act on Unfair Competition (UCA) and, depending on the industry, special rules are particularly relevant. The FADP governs the processing of personal data. The UCA sets limits on certain forms of advertising. Since 2024, a special rule has also applied to health-insurance brokerage.

Federal Act on Data Protection (FADP)

The FADP applies as soon as names, personal email addresses, direct lines or other personal data are used. Data must be processed lawfully, proportionately and transparently. For sales, this means that the company must be able to explain where a contact came from and what it is used for.

Federal Act on Unfair Competition (UCA)

The UCA sets the specific limits for marketing calls and electronic mass advertising. For telephone calls, the directory entry is decisive. For email, consent, the sender, unsubscribe options and whether the contact is genuinely individual or part of a campaign all matter.

Is telephone cold outreach permitted in B2B?

Yes. Telephone marketing is generally permitted in Switzerland, including in B2B. A number listed in the telephone directory without a star marker may be called for advertising purposes. SECO explains that marketing calls to numbers with a star marker or no directory entry are impermissible unless a business relationship or consent applies. Since 1 January 2021, unlisted numbers have been treated in the same way as numbers with a star marker.

Existing customers may also be contacted for advertising purposes on a protected number if the call fits the business relationship. The same applies where consent has been given. Special rules, such as the ban on telephone cold outreach in health-insurance brokerage, remain reserved.

For B2B, this means that a publicly findable company main number is not automatically a blank cheque for every kind of approach. Before calling, check whether the number is protected in the directory, whether your message fits the company and whether the caller can immediately state their name, company and purpose. An objection ends further contact by this route.

What should you check before making a call?

  • Is the number publicly findable as a business number?
  • Is it listed in the telephone directory without a star marker?
  • Is there documented consent or a business relationship if the number is protected?
  • Does your offer specifically fit the company’s sector, size and region?
  • Is the CRM or worklist set up to block objections?

Practical rule

A listed business number without a star marker may generally be called for marketing purposes. For a number with a star marker or no entry, an existing business relationship or documented consent is sufficient. If neither exists, the marketing call is impermissible.

May you send cold emails to Swiss companies?

As a rule, no for automated or serial cold-email campaigns: electronic mass advertising in Switzerland requires prior opt-in. The position is less clear for a B2B message that is genuinely researched individually and written manually. The UCA regulates telecommunications-based mass advertising; the Federal Office of Communications (OFCOM) does not state a numerical threshold for it. The Federal Data Protection and Information Commissioner (FDPIC), by contrast, states more broadly that email advertising generally requires prior express consent. A genuine individual contact is therefore a grey area, not a blanket ban and not a blanket approval.

Is even one personally written cold email prohibited, or only mass sending?

Not necessarily. The UCA does not expressly prohibit every individual first business message; it prohibits electronic mass advertising without the required conditions. A genuine one-to-one message researched for exactly one company and written manually by a person can fall outside this concept of mass advertising. Content, repetition, automation and campaign character are decisive. Anyone who sends the same sales text to many recipients is not engaging in individual communication simply because each message is triggered separately or supplemented with a name.

Whether the message comes from a private Gmail address or a company address does not change that assessment. A personal salutation and a few individualised sentences are not a blank cheque either. They demonstrate genuine individual contact only if the message is in fact unique, specific and not part of a series. Because the FDPIC interprets email advertising more broadly, this situation remains legally uncertain too.

Martin Steiger, a Swiss lawyer specialising in law in the digital sphere, sums up the safer practice concisely: “Permission marketing should be the rule for email advertising.”

Does this also apply to info@ addresses and purchased lists?

A publicly published address such as info@company.ch is intended for business enquiries, but it is not an opt-in for electronic mass advertising. For a genuine individual B2B enquiry, publication as a contact address is a relevant indication, but not blanket permission for sales sequences. Email lists purchased or exported from directories, by contrast, typically point to a campaign and therefore to mass advertising.

Is an unsubscribe link enough instead of opt-in?

No. An unsubscribe link does not make electronic mass advertising without opt-in permissible. A simple, free unsubscribe option and a clearly identifiable sender are additional requirements. For a genuine individual contact, the unsubscribe link does not create consent either; an explicit no must always be respected.

When does the existing-customer exception apply?

The exception applies only where a sale has already taken place or a service has been obtained, and the company advertises similar products or services of its own. Every message must offer a simple, free unsubscribe option. An opened online account, a business card, a meeting at a trade fair or an earlier enquiry alone do not establish this exception.

How do you build a permissible email mailing list?

A permissible mailing list is built through a voluntary, informed and documented opt-in, for example through an unchecked sign-up box that clearly states the advertising purpose. Store when, where and for what purpose consent was given, and provide a simple unsubscribe option in every message. For new target companies without opt-in, an addressed letter or a lawfully prepared telephone contact may be more suitable depending on the case.

May a Swiss company send cold emails abroad?

The recipient country also matters. A campaign does not become permissible merely because the sender is based in Switzerland. In the United States, commercial email without prior opt-in is generally possible under CAN-SPAM if all formal, labelling and unsubscribe requirements are met. In the EU, Canada and Australia, the rules are stricter or depend on the specific type of recipient. A global list of “permitted countries” would therefore be misleading.

Switzerland

Electronic mass advertising generally requires prior opt-in. A narrow exception applies to existing customers and similar products or services of the company itself. For a genuine, manually written individual message, the grey area already described remains. The FDPIC guidance is decisive.

EU and EEA

For natural persons, prior consent is generally required under the ePrivacy Directive. Individual countries implement B2B protection differently. In addition, the GDPR applies as soon as personal contact data are processed.

United Kingdom

Under PECR, B2B emails to corporate bodies generally do not require opt-in. Sole traders and certain partnerships are protected more strictly. The ICO guidance explains the distinction and the requirements for the sender and unsubscribe option.

United States

CAN-SPAM does not require general prior opt-in and also applies to individual commercial B2B emails. The FTC requires, among other things, accurate sender and subject-line information, a postal address and a functioning unsubscribe option. Additional rules of individual states remain possible.

Canada and Australia

Under CASL, Canada generally requires express consent or legally recognised implied consent. In Australia, commercial messages require express consent or, exceptionally, consent that can be inferred. Before sending, the requirements of the Canadian CRTC or the Australian ACMA, respectively, should therefore be checked.

The sender’s location is not decisive on its own. For international campaigns, the law of the recipient country also always applies. An agency or sending tool does not automatically assume this responsibility.

Is cold outreach by post as direct mailing permitted?

Yes. Personally addressed direct mailing is generally permitted in Switzerland. The FDPIC states that publicly accessible addresses may generally be used for advertising purposes provided the data subject has not objected to their use for advertising. No prior opt-in is therefore required for the first addressed advertising letter.

Here, an “objection” means an express statement by the recipient that their address must no longer be used for advertising, for example by returning the letter with appropriate wording. Such a block must be respected once it has been received. A small selection or personal wording is not a requirement for general permissibility; it merely improves the relevance and effect of the mailing.

Why is direct mailing suitable for B2B cold outreach?

A letter does not interrupt the recipient during the working day and does not end up in the email spam filter. It can be read when there is time for it. That makes direct mailing especially interesting for offers that need explanation, regional target groups and campaigns followed up by telephone.

SwissB2B can research the target companies and handle the complete direct mailing, from recipient selection to dispatch. Anyone who wants to approach newly founded companies specifically can also use Company Formations in Switzerland to send them personalised mailings directly after they are formed.

What rules apply to LinkedIn and other platforms?

A LinkedIn message is not automatically treated in the same way as an email newsletter. It is nevertheless a business approach to a natural person. Data protection, a comprehensible reason and the platform’s terms of use are therefore relevant. Automated scraping, mass connection requests and pre-written serial messages also create a concrete risk of blocking and reputational damage.

The better practice is limited and specific: select a small number of contacts, state the business connection and accept a no without any further sequence. Anyone who scales only through tools loses the advantage that a professional network offers in the first place.

When may purchased company data be used?

Purchased company data can provide a working basis for market analysis, CRM enrichment and prepared B2B campaigns. What matters is which data fields are supplied and how you use them. A company name, business address and publicly published main number must be assessed differently from the name, personal email address or direct line of an individual person.

Before use, you should record the data source, target group and chosen channel in writing. If you select by sector, region and offer, the approach also becomes more understandable. The Buy Company Addresses page shows which data fields make sense for a campaign.

How do you prepare a B2B campaign in five steps?

A controlled B2B campaign needs a defined target group, a documented data source and a permissible channel before the first contact. Afterwards, every contact attempt and every no must remain traceable for the whole team.

  1. Define the target group: Describe the sector, region, language, company size and exclusions specifically.
  2. Record the data basis: Document the source, data fields used, selection date and purpose.
  3. Check the channel: For telephone, check the star marker and directory entry; for email mass advertising, evidence consent; and for post, respect existing objections.
  4. Document the contact: Record the date, responsible person, channel and result in the same CRM view or work file.
  5. Block objections immediately: A “do not contact me again” must apply in all follow-up lists, not only in an employee’s personal note.

An IT consultancy that wants to approach fiduciary firms in the Bern area, for example, first selects the appropriate company size, checks the business telephone numbers and then decides on a call or an addressed letter. If there is a no, the contact is immediately blocked centrally. The same process also applies to larger target groups.

Which special rule applies to health insurance?

Health-insurance brokerage is subject to a special exception from the general B2B framework: since 1 September 2024, telephone cold outreach in this area has been prohibited by law. The FINMA and the Federal Office of Public Health (FOPH) confirm that the rule concerns insurance companies and intermediaries.

The insurance case is not an argument that ordinary B2B outreach is also prohibited across the board. It does, however, show why the industry and the specific offer must always be checked first. Anyone brokering insurance products must not treat this guide as approval for telephone outreach.

What penalties and consequences can impermissible cold outreach lead to?

Impermissible cold outreach can trigger complaints, civil or criminal proceedings and data-protection claims. SECO can pool complaints about impermissible marketing calls and file a criminal complaint where collective interests are involved. The FDPIC also points to possible civil and criminal sanctions for unlawful email advertising. In practice, spam filters, a damaged sender reputation and lost trust are additional risks.

For certain intentional infringements, the FADP provides fines of up to CHF 250,000 against responsible natural persons. The specific offence and responsibility depend on the individual case. Do not use this figure as a marketing scare tactic. Use it as a reason to clarify responsibilities and objection processes before the campaign starts.

Which sources and method does this guide use?

The legal statements are based on the current statutory texts of the FADP and the UCA, the explanations of SECO on marketing calls, the OFCOM information on the concept of mass advertising, and the FDPIC guidance on advertising and marketing. The special rule for health-insurance brokerage is placed in context using publications by the FOPH and FINMA.

The quoted practical assessment of permission marketing comes from Martin Steiger, a Swiss lawyer specialising in law in the digital sphere. It complements the official and statutory sources, but does not replace an independent legal review of this article.

Editorial legal status: The sources and statements were last checked on 19 August 2026 against the official and statutory texts linked above. No independent legal review by a specifically named lawyer is claimed.

The article describes a general B2B framework, not an individual legal assessment. For international outreach, large sending volumes, sensitive personal data or regulated industries, the specific campaign needs its own legal review.

Conclusion: Which channel is suitable for cold outreach in Switzerland?

Mass marketing emails without opt-in are impermissible in Switzerland. Telephone B2B cold outreach is allowed, but star markers and unlisted numbers reduce the target group that can be reached. Every call ties up working time and interrupts the recipient at that very moment. The channel therefore becomes expensive for larger lists.

Direct mailing does not have these two disadvantages. The addressed advertising letter requires no prior opt-in and can be read when it suits the recipient. It is therefore the clearest route to new target companies for many Swiss B2B campaigns.

SwissB2B researches the right companies and, if required, handles copy, personalisation, printing, inserting and dispatch. Plan your direct mailing and calculate the costs here. For offers to new companies, mailings to newly formed companies are also available.

Frequently asked questions

Yes. Telephone marketing is generally permitted in Switzerland, including in B2B. Listed numbers without a star marker may be called for advertising purposes. A business relationship or consent is required for numbers with a star marker or no directory entry.

Not necessarily. The Federal Act on Unfair Competition (UCA) regulates electronic mass advertising, but does not expressly prohibit every B2B message that is genuinely researched individually and written manually. Because the FDPIC subjects email advertising more broadly to the opt-in principle, genuine individual contact remains a grey area. A private sender account, a personal salutation or sending messages separately does not turn a serial sales pitch into individual communication.

Yes. If the person called asks for documents or agrees to email follow-up, the situation is clear. Without such a request, an individual message specifically related to the conversation falls into the same grey area as other genuine individual contacts. The call alone, however, does not permit an automated advertising sequence or inclusion in a newsletter list.

Serial marketing messages by SMS, WhatsApp or other messengers are not a permissible workaround for the email rules. They can fall under the same principles as advertising sent by telecommunications. Campaigns therefore generally require documented consent, an identifiable sender and a simple unsubscribe option. An individual platform message must additionally be assessed under data protection law, its content and the platform rules.

Opt-in must be voluntary, informed and express. The recipient must be able to recognise which company wants to advertise by which channel and for what purpose, and actively agree, for example through an unchecked box. General terms and conditions, silence or a pre-ticked checkbox are not sufficient. Store the date, source and wording of consent at that time.

No, not automatically. A business card or a conversation permits business contact only in the context discussed; it does not create blanket consent to newsletters or sales sequences. Ask explicitly for consent to the intended follow-up and document what it was given for and through which channel.

A publicly published info@ address is intended for business enquiries, but it is not opt-in for electronic mass advertising. A genuinely individual B2B enquiry can fall outside the concept of mass advertising; a sales sequence or sending to a purchased or exported list does not, however, become permissible merely because the address is public.

Search for the number in the public Swiss telephone directory and check whether it is marked with a star. If it is not listed, it is treated legally like a number with a star marker. Record the check with the date in the campaign history and also respect every internal advertising block.

It may apply if a Swiss company specifically offers goods or services to people in the EU or EEA, or monitors their behaviour. The ePrivacy rules and national law of the recipient country also apply. A Swiss sender address therefore does not exempt an EU campaign from European requirements.

There is no blanket country list. Under the US CAN-SPAM Act, commercial B2B email without general prior opt-in is possible if all labelling, address and unsubscribe requirements are met. In the United Kingdom, a comparable relief applies only to corporate bodies. EU countries differ; Canada and Australia generally require a basis of consent.

That depends on the law and the specific infringement. The advertising company, decision-making natural persons and, in some circumstances, the actual sender may be responsible. An agency or call centre does not automatically assume the risk. Principals must document selection, instructions, evidence of consent, suppression lists and ongoing control.

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