Do you need consent to send marketing emails?
Privacy and Electronic Communications Regulations 2003 (PECR)
When this applies
Opt-in consent is likely required before sending marketing emails to individuals. Soft opt-in may apply for existing customers if you're promoting similar products. Bought-in lists are almost always non-compliant. Emails to corporate addresses (B2B) sit outside the consent rule, but sole traders and partnerships count as individuals under PECR, so cold outreach to them still needs consent.
When it does not apply
PECR email marketing rules do not apply if you do not send marketing emails or texts.
What is at stake
Fines up to £17.5M or 4% of global turnover. ICO issued 119 PECR fines totalling ~£10.5M between 2019 and 2025.
What to do
Ensure you have valid opt-in consent before sending marketing emails to individuals. Keep records of consent. Provide an unsubscribe mechanism in every message.
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Check your business →Reviewed: 2026-07-10 · Source: official guidance