PECR Regulation 22: Marketing Emails, Texts and Electronic Mail
Regulation 22: Use of electronic mail for direct marketing
Rule
You must not send unsolicited marketing by electronic mail (email, SMS, MMS) to individuals unless:
- Prior consent obtained from the recipient, OR
- Soft opt-in conditions met (see below)
Soft Opt-In {#soft-opt-in}
You can email existing customers WITHOUT fresh consent if ALL of these apply:
| Condition | Requirement |
|---|---|
| Obtained during sale | Contact details collected in course of sale or negotiation |
| Similar products | Marketing is for similar products/services |
| Opt-out at collection | Given opportunity to refuse at time of collection |
| Opt-out in every message | Every message offers simple way to opt out |
Source Text
(2) …a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.
(3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where— (a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient; (b) the direct marketing is in respect of that person’s similar products and services only; and (c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.
Common Questions
Q: Does this apply to B2B? A: For individual work emails, yes. For generic corporate addresses (info@company.com), see Reg 22A.
Q: What counts as “similar products”? A: ICO says products/services the customer would reasonably expect based on their purchase. A car buyer might expect car insurance offers, but not kitchen appliances.
Q: Is a pre-ticked box valid consent? A: No. Consent must be affirmative action.