May I send customers WhatsApp advertising?
Only with the recipient's prior explicit consent. § 7 UWG in Germany and Meta require this. Here you see the rules with sources.
The short answer.
No, not just like that: advertising to customers via WhatsApp is only allowed in Germany with the recipient's prior explicit consent, as stated in § 7 para. 2 no. 2 UWG. Meta requires the same: you may only message people if they have agreed to receive messages. Whether you may message existing customers without consent is only explicitly regulated by law for email. As of: 02.11.2026, not legal advice.
The rules at a glance.
| Rule | What it says | Source |
|---|---|---|
| § 7 para. 2 no. 2 UWG (Germany) | Advertising by electronic mail is always an unreasonable nuisance if there is no prior explicit consent of the recipient | gesetze-im-internet.de |
| § 7 para. 3 UWG (Germany) | Exception for existing customers, explicitly for email advertising, with four conditions | gesetze-im-internet.de |
| Art. 7 GDPR | You must be able to prove that someone has consented. Withdrawing consent must be as easy as giving it | dejure.org |
| Meta Business Messaging Policy | You may only message people if they have given their number and agreed to receive further messages | whatsappbusiness.com |
| Meta, templates | Outside the customer service window, only templates are allowed. Every template has a category: Authentication, Marketing or Utility | developers.facebook.com |
| § 174 TKG 2021 (Austria) | The provision is called “Unsolicited messages”. We have not checked its wording for this page | ris.bka.gv.at |
Sources: § 7 UWG, Art. 7 GDPR, WhatsApp Business Messaging Policy, Meta, templates, § 174 TKG 2021, accessed on 02.11.2026.
When is advertising via WhatsApp in Germany allowed?
Advertising via WhatsApp is allowed in Germany if the recipient has explicitly consented beforehand. § 7 para. 1 UWG declares a commercial act inadmissible if it unreasonably annoys a market participant, especially advertising that is recognisably unwanted. § 7 para. 2 no. 2 UWG explicitly names advertising by electronic mail without prior explicit consent as always unreasonable. Whether a WhatsApp message counts as “electronic mail” is not stated literally in the text of the law. Ask a lawyer about this.
What must your consent achieve?
Your consent must exist before the first advertising message, and you must be able to prove it. Art. 7 para. 1 GDPR puts the burden of proof on the controller. Art. 7 para. 3 GDPR requires that the contact can withdraw their consent at any time and that withdrawing is as easy as giving consent. How to obtain and record the consent properly is covered in What is double opt-in on WhatsApp?
May you message existing customers without consent ??
The law knows this exception explicitly only for email advertising. § 7 para. 3 UWG names four conditions: you received the email address in connection with the sale of a product or service. You only advertise your own similar products or services. The customer has not objected to the use. And they were clearly informed of their right to object when the address was collected and with every use. The paragraph does not mention WhatsApp. On WhatsApp, Meta's rule additionally applies that the contact must have agreed to receive messages.
What does Meta require before you send advertising?
Meta allows you to contact people on WhatsApp only if they have given their phone number or username and agreed to receive further messages or calls. This is stated in the WhatsApp Business Messaging Policy. It also states that your business alone is responsible for the opt-in method and that it must comply with the applicable laws. Anyone who no longer wants to receive messages must also be able to say so outside of WhatsApp, and you must respect it.
What role do templates play in advertising?
Advertising to contacts outside an ongoing conversation is only possible as an approved template. Meta writes in its documentation that templates are the only type of message that may be sent outside the customer service window. Every template belongs to a category: Authentication, Marketing or Utility. You need the contact's consent beforehand. This page does not name prices; they are at Meta fees in the Trust Center.
What applies in Austria and Switzerland?
In Austria, § 174 TKG 2021, under the heading “Unsolicited messages”, regulates when messages may be sent without being requested. In Switzerland, Art. 3 para. 1 lit. o UWG is the relevant provision against unwanted advertising. We could not read the wording of either provision from the official source for this page, so we do not give any details here. Read the provision on ris.bka.gv.at and fedlex.admin.ch yourself or ask a lawyer. Meta's rule applies equally in all three countries.
What does that mean for SmartChat?
SmartChat sends newsletters and follow-ups only to contacts who have confirmed their sign-up in WhatsApp. For each contact, SmartChat stores the date, time and method of consent as proof. You can unsubscribe with STOP. This does not replace legal advice. Try SmartChat for free.
This text is not legal advice. For your individual case, ask a lawyer.
Frequently asked questions about Advertising via WhatsApp.
Is advertising via WhatsApp allowed without consent?
No. In Germany, § 7 para. 2 no. 2 UWG describes advertising by electronic mail without the recipient's prior explicit consent as always an unreasonable nuisance. Meta also requires that the contact has agreed to receive messages.
Does the existing-customer exception also apply to WhatsApp?
The law regulates it explicitly for email advertising in § 7 para. 3 UWG. The paragraph does not mention WhatsApp. On WhatsApp, Meta additionally requires the contact's consent. For your case, ask a lawyer.
Do I have to prove that a contact has consented?
Yes. Art. 7 para. 1 GDPR requires that you, as the controller, can prove that the person has consented.
May a contact withdraw their consent?
Yes, at any time. Under Art. 7 para. 3 GDPR, withdrawing consent must be as easy as giving it. Meta also requires that you respect requests to unsubscribe.
Who is responsible for the opt-in according to Meta?
Your business. According to the WhatsApp Business Messaging Policy, you alone are responsible for the opt-in method and must make sure it complies with the applicable laws.
How do I send advertising to contacts outside of a conversation?
Only as an approved template. Meta calls templates the only type of message allowed outside the customer service window. More on this in Business App or Business Platform.
How do I obtain consent?
The usual way is double opt-in: the contact signs up and confirms in WhatsApp. The details are in What is double opt-in on WhatsApp?.
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Last updated: By SmartChat Team