A quote has been sent, and then nothing happens. A call-back was promised and gets lost in the daily routine. Follow-up systems are meant to make sure such threads are not dropped. As soon as calls or e-mails go out automatically, however, strict rules apply. This article explains where the limits are and what a process that respects them looks like. It describes the legal situation in Germany and does not replace legal advice in an individual case. As of: 20 October 2026.
What is an automated follow-up system?
A follow-up system reminds you to pick up an open case again, or picks it up itself. Typical triggers are a quote without a reply, a promised call-back, an appointment confirmation or a maintenance visit that is due. In the simplest case it is a reminder in the CRM that appears on the right day. A step further is a system that sends an e-mail itself or has an AI phone assistant make the call.
When is a follow-up advertising?
Advertising by phone and e-mail is governed in Germany by Section 7 of the Unfair Competition Act (UWG). Whether a follow-up is advertising depends on its content. A call-back the customer asked for, or the confirmation of an agreed appointment, serves to handle the customer's own request. Offering additional services or trying to win a former customer for a new job, by contrast, is advertising. The law does not draw an exact line. The safest approach is to ask customers at the first contact whether and how you may follow up, and to note the answer on the contact.
What applies to calls, including calls made by an AI?
Advertising calls to consumers are only permitted with their prior express consent, and to businesses at least with their presumed consent (Section 7(2) no. 1 UWG). The advertising company must document a consumer's consent in an adequate form at the time it is given and keep the proof for five years, counted from when consent is given and after each use (Section 7a UWG).
For advertising with an automated calling machine, Section 7(2) no. 2 UWG requires prior express consent from every person called, including businesses. The wording of the law does not say whether an AI phone assistant that dials and speaks on its own counts as an automated calling machine. Anyone who has an AI make advertising calls should therefore obtain express consent as a precaution. In addition, since 2 August 2026 the AI must identify itself as an AI at the start of the conversation (Article 50 of the EU AI Act).
What applies to follow-up e-mails?
Advertising by e-mail generally requires the recipient's prior express consent (Section 7(2) no. 2 UWG). Without consent it is only permitted under Section 7(3) UWG if all four conditions are met:
- The business received the e-mail address from the customer in connection with the sale of goods or services.
- It only advertises its own similar goods or services.
- The customer has not objected to this use.
- The customer was clearly informed when the address was collected, and is informed with every use, that they can object at any time without incurring costs other than transmission costs at basic rates.
Every advertising message must make the sender identifiable and give a valid address to which the recipient can send an unsubscribe request (Section 7(2) no. 3 UWG). Under Article 21 of the General Data Protection Regulation, anyone can object at any time to the processing of their data for direct marketing; after that, the data may no longer be processed for this purpose.
How does a business build a follow-up process?
- Define the trigger: which case starts the follow-up, for example a sent quote, a promised call-back or a maintenance visit that is due?
- Define timing and channel: after how many days, and whether as a reminder for the team, an e-mail or a call.
- Check permission: is there consent for advertising contacts, is it noted on the contact and, for calls to consumers, documented?
- Write the text or call guide: referring to the specific case, with an identifiable sender and, for advertising, with a notice of the right to object.
- Define stop rules: anyone who replies, declines or objects receives no further automated message. An objection is noted on the contact immediately.
- Review: count how many open cases were answered after the follow-up, and only draw conclusions once there is enough data.
What does voiceOne handle when following up?
In voiceOne, contacts and cases are kept in the CRM, with quotes and invoices in the same system. The AI phone assistant records call-back requests and organises call-backs, books appointments and identifies itself as an AI at the start of every call. For outgoing calls there are outbound campaigns, and for the inbox an AI e-mail agent. Responsibility for having consent remains with the business that calls or writes.
You can hear how the assistant sounds: on +49 951 16092950 the voiceOne assistant answers, in German or English.
Summary
Following up on a request the customer made is handling that request; trying to sell more is advertising. In Germany, advertising calls to consumers need documented express consent, and for automated calls this applies as a precaution to businesses as well. Advertising e-mails need consent or all four conditions of Section 7(3) UWG. A good process asks for permission early, notes it on the contact and stops as soon as the customer replies or objects.
Sources
All sources retrieved on 20 October 2026.
- Sections 7 and 7a German Unfair Competition Act (UWG), German original: Section 7 and Section 7a; English translation: gesetze-im-internet.de
- General Data Protection Regulation (EU) 2016/679, Article 21, eur-lex.europa.eu
- Regulation (EU) 2024/1689 (AI Act), Article 50; official text: eur-lex.europa.eu
AI textThis article was created with the support of AI. voiceOne editorial team · published on 5 November 2025 · updated on 20 October 2026.