Why this matters
If you send newsletters, offers or follow up emails, you are working with rules that are easy to get wrong. PECR sets specific rules for direct marketing by telephone, email and SMS, as well as rules for cookies and similar technologies.
Getting it right protects your reputation and keeps your list made up of people who want to hear from you. It also saves you from guessing later.
Emailing other businesses
The PECR rule on direct marketing by email does not apply to corporate subscribers. The ICO explains that a corporate subscriber is a corporate body with separate legal status.
That means the PECR rules on needing either consent or the soft opt in do not apply when you email corporate subscribers. The ICO's planning guidance says so directly.
There is a catch. Not all types of businesses are classed as corporate subscribers under PECR, so you need to check who you are emailing. Do not assume that every business address is covered.
The ICO also says it makes good business sense to keep a 'do not email or text' list of any corporate subscribers that object or opt out of your electronic marketing.
Emailing consumers
For business to consumer marketing emails, there is a soft opt in exemption set out in PECR Regulation 22. The soft opt in is a limited exception to needing consent, so read the detail before you rely on it.
Where you rely on consent instead, the ICO says that consent must meet the UK GDPR standard.
Email marketing rules UK businesses often miss
Two situations catch people out.
Service emails with a sales message. An administrative service email that includes promotional content, such as an upsell or cross sell message, is treated as direct marketing. PECR then applies.
Sharing your list. If you share a marketing list for other organisations to use to send electronic marketing messages, you must take PECR into account.
A realistic starting point
- Sort your list. Note who is a corporate subscriber and who is an individual consumer.
- Check your business contacts. Do not assume every business is a corporate subscriber.
- Check your basis for consumers. Confirm whether you rely on consent or the soft opt in.
- Keep a do not email list. Add anyone who objects or opts out.
- Review your service emails. Look for promotional content that turns them into marketing.
- Read the latest guidance. The ICO's email guidance explains the PECR rules in detail and was last updated on 28 April 2026.
Once your list is in order, make sure your sign up forms work hard. Our guide to improving your website's conversion rate is a good place to start.
FAQs
Can I send marketing emails to any business?
No. Not all types of businesses are classed as corporate subscribers under PECR, so you need to check who you are emailing.
Do I need consent or the soft opt in to email a corporate subscriber?
No. The PECR rules on needing either consent or the soft opt in do not apply to corporate subscribers. It still makes good business sense to keep a do not email list for anyone who opts out.
Is a service email with an offer still just a service email?
No. If an administrative service email includes promotional content, such as an upsell or cross sell message, it is treated as direct marketing and PECR applies.
Can I share my marketing list with other organisations?
Yes, but you must take PECR into account if other organisations will use it to send electronic marketing messages.