Cold email and the rules.

The general principle, and its limits

Writing to a business address about the recipient's professional activity falls under a lighter regime than marketing to private individuals in a number of European countries. The underlying idea is that the message reaches a person acting in their role, on a subject that concerns them in that capacity.

That leniency is not uniform. Some member states require prior consent even between businesses, and the penalties for getting it wrong are real. Before any campaign, check the rules of the country where your prospects are, not the ones you are used to.

• Identify the sender

  Name, company, a real contact route. No masked sender, no reply address that does not exist.

• State the commercial purpose

  The reader must understand on reading that this is a business approach.

• Allow objection

  A simple, free way to stop being contacted, honoured immediately and permanently.

Four reference points

These summaries come from each country's regulator. Other countries have their own rules: check the regulator of the country where your prospects are.

• France

  Marketing email to a business address is allowed without prior consent when it relates to the recipient's job, provided the sender is identified and a free way to object is offered (CNIL).

• Germany

  Advertising by email requires prior express consent, including towards businesses (section 7 of the Act against Unfair Competition, UWG). Narrow exceptions exist for existing customers.

• United Kingdom

  You can email companies, limited liability partnerships and government bodies without consent. Sole traders and some partnerships are treated as individuals: you need their consent, or a past purchase of a similar product with a chance to opt out (ICO guidance on PECR).

• United States

  The CAN-SPAM Act requires no prior consent and makes no exception for B2B email: accurate sender information, an honest subject line, a valid postal address and a working opt-out, honoured within ten business days (FTC).

Prospects' rights in the EU and the UK

In the EU and the UK, the person can ask what data you hold on them, have it corrected or erased, and object to its use for marketing. These requests have deadlines, and failing to answer is itself a breach.

You must also be able to say where the data came from. Check this before buying any list: if the provider cannot document the source and legal basis, the problem becomes yours at the first complaint.

Generic addresses

Addresses such as info@ or contact@ do not identify a person and are treated differently from named ones. They remain subject to the identification and objection obligations.

In practice they have a lower reply rate but stay useful for small businesses, where they often land directly with the owner.