In the UK, marketing email to individuals needs consent or a complete soft opt-in
When does PECR soft opt-in allow emailing UK consumers without prior consent?
In one sentence
UK marketing email needs or a complete (sale, similar products, at capture and in every mail) — bought lists fail on arrival.
Plain English
UK rules: get , or use only when every part fits — contact details obtained in a sale or negotiation of a sale, similar products or services, offered at collection and in every message. Purchased lists are not soft . Charities have a narrow extra route; do not copy it for commerce.
Why it matters. UK is not “almost like the US.” is a four-part lock, not a vibe.
Dotted words open definitions. Full glossary.
What to do
Your move — not a lecture
Part platform, part you
The platform covers the mechanical bit. The judgement is still yours.
and preference centres cover the mechanical opt-out.
Your part: Whether conditions were ever true, and charity-route eligibility.
What to do first
Pick your highest-volume UK welcome flow. Write which route it uses ( vs vs corporate). If you cannot, that is the gap.
You can skip this if: You never email individual subscribers in the UK.
Who this applies to
Anyone emailing UK individual subscribers (including many sole traders).
Checklist
- 01Do not buy UK consumer lists and call it .
- 02Keep collection-time evidence for .
- 03Treat sole traders carefully—they may be individual subscribers.
- 04If you are a charity, read the 5 February 2026 route before relying on it.
That’s enough to act. Sources and exact wording are below for counsel, bosses, or AI tools that need a citation. Not legal advice.
Proof
Exact position, enforcement, sources
For records and people who will check you. Skip if Monday’s move is already clear.
The exact position
regulation 22 requires prior for unsolicited direct-marketing email to individual subscribers unless every condition holds: you obtained details during a sale or negotiations for a sale of your own products/services; you market your own similar products/services; and a simple free was offered at collection and in every message. Bought lists cannot inherit soft . From 5 February 2026 a separate charity soft-opt-in exists under DUAA amendments. Corporate subscribers are treated differently from individuals and sole traders.
What happens if you do not
ICO has issued monetary penalties for email failings (see public notices such as HelloFresh and others). quality and suppression failures are the usual story.
Sources
- Privacy and Electronic Communications Regulations 2003, regulation 22Published 11 Dec 2003Read primary source
- ICO, Direct marketing guidanceNo publisher dateRead primary source
Related
History of this page
- Added including charity soft opt-in commencing 5 Feb 2026.