Headhunting is the targeted direct approach of specialists and executives on behalf of a hiring company – usually people who aren't actively job-hunting. The headhunter identifies suitable candidates in the hidden job market, approaches them personally, and stays involved through to the signed contract.
This article covers the method itself: how a direct-approach search is structured, what makes an approach work, the mistakes that happen in practice – and the part most guides skip: the legal framework around poaching. How to choose, brief and pay a headhunter for an executive role is covered in our post on choosing a headhunter. The full executive search process as a complete mandate is covered in our post on executive search.
What does a direct-approach search look like step by step?
A headhunting project follows the same basic structure in practice, whether an in-house recruiting team, a search firm, or a dedicated researcher runs it. The table below lists the seven steps with realistic effort:
| Step | What happens | Realistic effort |
|---|---|---|
| 1. Define target market and requirement profile | Briefing with the client: role, requirements, salary band, relevant industries and target companies | One kickoff meeting plus 3–5 hours of write-up; sign-off usually needs 1–2 feedback rounds |
| 2. Market mapping and identification (longlist) | Research across business networks, databases and target companies; a longlist of typically 30–60 names | 1–2 weeks, 15–25 researcher hours |
| 3. Direct approach (first contact) | Candidates on the longlist are contacted personally, usually by phone, message, or a business network | 2–4 weeks, running in parallel with further identification; responses trickle in over time |
| 4. Qualifying conversations and shortlisting | Structured interviews on motivation, fit and availability; narrowing down to a shortlist | 2–3 weeks, 45–90 minutes per conversation |
| 5. Shortlist presentation | Three to five profiles are presented to the client with an assessment | One meeting, usually in week 5 to 7 of the project |
| 6. Interview rounds and contract negotiation | The client runs its own interviews; the headhunter mediates feedback and salary negotiation | 2–4 weeks, depending on scheduling |
| 7. Handover and follow-up | Onboarding support, often with a contractual guarantee period in case of early dropout | Through to start date, then a 3–6 month guarantee period is common |
In practice, a headhunting mandate for a specialist or executive role runs eight to fourteen weeks from kickoff to signed contract. Highly specialized roles can take longer, because the longlist is thinner and the approach needs more attempts before it lands.
What makes a direct approach actually work?
- Personalization over templates: a real reference to the person's career and current situation, not an interchangeable stock message.
- The right channel: reaching the person where they actually respond – that isn't always LinkedIn.
- Discretion, especially when the person is currently employed and an open interest in leaving could work against them.
- A real value proposition, not just a salary number: scope, growth and responsibility often convince experienced people more than a figure.
- Fast follow-up on interest: someone who responds and then hears nothing for days is gone by the time you get back to them.
- Transparency about the client once genuine interest exists – the exception is a confidential mandate where the client's name is disclosed only later.
What mistakes show up most often in practice?
- A longlist that is too broad and impersonal – a recognizable copy-paste message gets ignored and can damage the client's reputation.
- Reaching out without researching the person first, so the message reads like spam.
- First contact at the workplace that runs too long or too aggressively – legally risky, see the next section.
- Not accepting a clear no, and reaching out again despite a decline.
- No feedback loop with the client during the search, so expectations drift away from what the actual candidate market can deliver.
- Leaving candidates in the dark for too long between interview and response, so they drop out.
Is it legal to poach a competitor's employees?
Yes. Poaching staff away from another company is part of open competition and, under German law, generally permissible – grounded in the constitutional right to freely choose one's workplace under Article 12(1) of the Basic Law (Grundgesetz). Germany's Federal Court of Justice (Bundesgerichtshof, BGH) has confirmed this repeatedly: poaching only becomes unfair "when unfair accompanying circumstances are added, in particular the use of unfair means or the pursuit of unfair purposes" (BGH, judgment of 4 March 2004, case no. I ZR 221/01, BGHZ 158, 174 – "Direktansprache am Arbeitsplatz I", i.e. "Direct Approach at the Workplace I"). Source and date: full judgment text via dejure.org, accessed 11 September 2026.
The most practically important boundary concerns calling someone at their workplace. In a trilogy of rulings, the BGH set out that a brief first call, in which the person is asked whether they're interested in a new role and the role is briefly described, is not unfair competition (BGH, "Direktansprache am Arbeitsplatz I", cited above). The moment the caller extends the conversation beyond that – for example by discussing the person's career history in detail, or continuing the call despite a lack of interest – it becomes unfair (BGH, judgment of 22 November 2007, case no. I ZR 183/04 – "Direktansprache am Arbeitsplatz III"). Whether the call reaches a company mobile or a landline makes no difference (BGH, judgment of 9 February 2006, case no. I ZR 73/02 – "Direktansprache am Arbeitsplatz II"). Source and date: full judgment texts via dejure.org and nulegal.eu, accessed 11 September 2026.
Today's statutory basis is the general clause in Section 3 of the Act Against Unfair Competition (UWG), combined with Section 4 No. 4 UWG (targeted obstruction of a competitor; source: gesetze-im-internet.de, accessed 11 September 2026). Disparaging the person's current employer to make the move more attractive additionally falls under Section 4 No. 1 UWG. Simply approaching someone during a running notice period or an existing contractual tie is not, by itself, unfair – it only becomes so once intent to cause harm or unfair means are added, such as bribery, inducing the disclosure of trade secrets, or a systematic effort to poach an entire team in order to cripple a competitor's operations; in those cases Section 826 of the Civil Code (BGB) – intentional damage contrary to public policy – applies as well (source: gesetze-im-internet.de, accessed 11 September 2026).
| Conduct during outreach | Assessment | Reasoning |
|---|---|---|
| A brief first call at the workplace asking about interest and briefly describing the role | permissible | BGH, "Direktansprache am Arbeitsplatz I", I ZR 221/01 |
| Continuing the call after the person has clearly shown no interest | not permissible | exceeds the BGH's "brief first contact" limit |
| Presenting the person with their own CV details or career history during the first call | not permissible | BGH, "Direktansprache am Arbeitsplatz III", I ZR 183/04 – already counts as courting |
| Calling a company mobile instead of a landline for poaching purposes | treated the same as a landline, permissible only as a brief first contact | BGH, "Direktansprache am Arbeitsplatz II", I ZR 73/02 |
| Arranging a follow-up outside working hours and off company premises | permissible | part of the permissible first contact |
| Reaching out privately, outside working hours (personal phone, business-network message) | permissible | no disruption of business operations, no use of the employer's equipment |
| Disparaging remarks about the target's current employer | not permissible | Section 4 No. 1 UWG (disparaging a competitor) |
| Approaching someone despite knowing they're under a running notice period or contractual tie | permissible in principle | right to freely choose one's workplace (Art. 12(1) Grundgesetz); becomes unfair only with added unfair means or intent |
| Inducing an immediate breach of contract or the handover of trade secrets | not permissible | Section 826 BGB and Section 4 No. 4 UWG (targeted obstruction) |
| Systematically and jointly poaching entire teams to cripple a competitor's operations | not permissible | Section 4 No. 4 UWG (targeted obstruction of a competitor) |
This section places the legal position in context based on published BGH case law and the statutory text; it is not a substitute for legal advice in an individual case.
What applies under data protection law for direct outreach?
Candidate data – name, current role, contact details, career history – is almost always collected from third parties during a direct-approach search: business networks, company or industry registers, not directly from the person concerned. The legal basis is usually legitimate interest under Article 6(1)(f) GDPR, weighed against the interests of the person contacted. Because the data wasn't collected from the person themselves, the notice obligation under Article 14 GDPR also applies: the headhunter must inform the person of the controller, the purpose of processing, the legal basis, and where the data came from, "within a reasonable period after obtaining the personal data, but at the latest within one month" (Article 14(3)(a) GDPR). In practice this usually happens at the same time as the first approach. The person also has an ongoing right to object, plus rights of access and erasure. Source and date: Regulation (EU) 2016/679, consolidated text via eur-lex.europa.eu, accessed 11 September 2026.
Where does headhunting end and automated active sourcing begin?
Part of the identification and first-contact phase can now be supported by technology, even though it doesn't replace an experienced headhunter's personal market knowledge for sensitive executive roles. Automated active sourcing tools such as Sprad handle candidate search and pick the channel a person is actually reachable on for the first message – not LinkedIn by default. The degree of automation can be set in stages, from pure candidate suggestions all the way to fully automated outreach with follow-ups and meeting booking. For high-volume roles and bottleneck profiles with many open positions, that's a useful first filter before a headhunter takes over the remaining individual cases personally.
Frequently asked questions about headhunting
Is headhunting the same as recruitment agency placement?
No. A recruitment agency usually draws on an existing candidate pool and often works purely on a success fee. Headhunting actively searches the hidden job market for people who aren't looking at all, usually on an exclusive mandate, following a structured longlist-to-shortlist process.
Is it legal to directly approach a competitor's employees?
Yes, in principle. Germany's Federal Court of Justice bases this on the free choice of workplace and open competition for staff. It only becomes unfair through added circumstances, such as extending a workplace call too far, disparaging the current employer, or using unfair means.
Can a headhunter call someone at work?
Yes, for a brief first contact. They may ask whether the person has any general interest in a move and briefly describe the role. Anything beyond that – a longer conversation, career details, continuing despite a lack of interest – is unlawful under BGH case law.
How long does a headhunting project take?
From clarifying requirements to a signed contract, eight to fourteen weeks is typical in practice. Highly specialized or rare profiles often take longer, because the longlist is smaller and more approaches are needed before someone is genuinely open to moving.
Does a candidate have to consent to data processing in advance?
No, usually not. Processing is generally based on legitimate interest under Article 6(1)(f) GDPR. The headhunter does have to inform the person once their data has been obtained from a third party – at the latest by the first approach, and in any case within one month.
What does headhunting typically cost?
A success fee or retainer, usually calculated as a percentage of the role's annual salary, is standard. Our linked post on choosing a headhunter for executive roles breaks down how that's calculated and what to look for when picking one.
Jürgen Ulbrich
Jürgen Ulbrich has more than a decade of experience in developing and leading high-performing teams and companies. As an expert in employee referral programs as well as feedback and performance processes, Jürgen has helped over 100 organizations optimize their talent acquisition and development strategies.
