Is cold email legal? The US, UK and EU rules in plain English
The rules side by side
- Honest sender details and subject lines
- Identify the email as an ad
- A valid postal address
- Honour opt-outs within 10 business days
- Don’t hide who you are
- A valid address to opt out
- Sole traders count as individuals: consent first
- Data protection still applies to named people
- GDPR applies to named contacts
- Each country sets its own email rules
- Some, like Germany, are strict even for B2B
- Check before you send
United States: CAN-SPAM
You don't need permission before sending a commercial email, but every one has to follow the CAN-SPAM Act, and there is no exception for business-to-business email (FTC). Each email that breaks the rules can cost up to $53,088 in penalties.
United Kingdom: PECR
You can send marketing emails to corporate bodies, such as limited companies, LLPs and government bodies, without prior consent. You must not hide who you are, and you must give a valid address for opting out (ICO). Sole traders and some partnerships are treated as individuals, which generally means consent first.
European Union
GDPR covers named business contacts, and each country sets its own rules for unsolicited marketing email. Some, such as Germany, are strict even for B2B. Check the country before you send.
What every cold email should include
Hi Priya, …
Sam Lee, Founder, Your Company · 12 Example Street, London
Not relevant? Reply "no thanks" and I won't email again.
- A real name and company in the "From" line, and a subject that matches the email.
- A postal address (required in the US).
- A clear way to opt out, honoured fast, and a "do not contact" list you check before every send.
FAQ
Is cold emailing illegal in the UK?
No. Emailing limited companies and other corporate bodies is allowed without prior consent, as long as you identify yourself and offer an opt-out. Sole traders are the exception: treat them like consumers.
Do I need consent to send B2B cold email in the US?
No. CAN-SPAM doesn't require prior consent, but every email must be honest, include a postal address and an opt-out, and opt-outs must be honoured within 10 business days.
Is cold email legal in Germany?
Germany is one of the strictest EU countries and generally expects prior consent even for B2B marketing email. Get local legal advice before emailing German companies.
