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So I'm wondering which country's legislation is used when, for example, a company from Sweden would do electronic direct marketing to another company in, say, Germany.

Assuming that Sweden and Germany would have implemented the ePrivacy directive in a differing way way (I don't know if that's the case, just a hypothetical example), then which rules would the Swedish company be expected to follow?

Like if German law said that "you need consent before contacting companies" and Swedish law was more relaxed and said that "you can contact legal persons without prior consent, just make it easy to opt out of further communication", and I'm a Swedish company, then would I need the consent because of the German national legislation?

Would the German law "protect" the businesses within Germany from countries technically not bound by the laws of Germany?

And why?

Thanks

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  • Yes, since you are contacting someone in Germany where it not allowed. A caller from Germany may not contact someone in Sweden for the same reason even if Sweden allows it. Nov 1, 2023 at 14:54
  • Note that the ePrivacy directive doesn't protect businesses as such. It's about personal data and specifically define a “user” as a “natural person” (article 2). It does cover people who use a service for business purposes but doesn't seem to say anything about using non-personal email addresses, cold-calling company landlines, etc. The same is true for the GDPR I think.
    – Relaxed
    Dec 1, 2023 at 17:43
  • This doesn't invalidate your broader question but in general, I would expect quite a few differences between the rules applying to business-to-business dealings and anything involving private customers. Is there a specific reason the headline question explicitly mentions a “legal or natural person” but your scenario is about businesses, not people?
    – Relaxed
    Dec 1, 2023 at 17:52

1 Answer 1

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You have to comply with both countries’ laws

This is the case in all cross-border interactions, not just those between EU members.

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