Business-to-business email marketing is a vital tool for business growth and brand awareness. Businesses commonly use email marketing to reach existing and new customers. However, organisations need to consider the relevant legal rules before sending out marketing emails to businesses. A common question is whether you can send marketing emails to businesses freely as part of your campaigns, which this article will explore.<\/p>\n\n\n\n
The Privacy and Electronic Communications Regulations<\/a> (\u2018PECR\u2019) set out several rules about using electronic communications for direct marketing. Direct marketing is the targeting of advertising to specific individuals. Your business must ensure it complies with the rules under PECR when sending out unsolicited emails.<\/p>\n\n\n\n PECR applies different rules when sending marketing emails, depending on the recipient. The rules are as follows, depending on the category of recipient:<\/p>\n\n\n\n Before sending such emails, you should ask yourself the following questions: <\/p>\n\n\n\n If you wish to send marketing emails to businesses operating as sole traders or non-incorporated partnerships, you will generally need consent. This is because, under PECR, these businesses are treated as \u2018individual subscribers\u2019. As a result, the rules around marketing to them are stricter.<\/p>\n\n\n\n Additionally, the recipient\u2019s consent must be:<\/p>\n\n\n\n In this sense, the consent must be an apparent form of positive action. For example, the recipient can show their consent by ticking a box or sending an email to indicate that they agree to receive marketing emails.<\/p>\n\n\n\n You may also be able to rely on the \u2018soft-opt in\u2019 exception to send marketing emails to sole traders and non-incorporated partnerships. You can send these emails if you:<\/p>\n\n\n\n You can email corporate bodies (i.e., limited companies, limited liability partnerships and corporate bodies) without consent. The individual receiving the email at the corporate organisation should always have the right to unsubscribe. You should also not disguise or conceal your identity when sending marketing emails.<\/p>\n\n\n\n The UK ICO (the data protection regulator) also recommends keeping a \u2018do not email\u2019 list of businesses that have opted out of receiving certain emails from you.<\/p>\n\n\n\nRecipient<\/strong><\/td> Rule<\/strong><\/td><\/tr> Sending marketing emails<\/a> to consumers, sole traders and non-LLP partnerships.<\/td> Usually, you must obtain consent to send marketing emails to consumers, sole traders and non-LLP partnerships. An exception known as the \u2018soft-opt-in\u2019 allows you to send marketing emails to previous or existing customers who have not opted out of receiving those communications.<\/td><\/tr> Sending marketing emails to corporate recipients (limited companies, limited liability partnerships, Scottish partnerships, public bodies). <\/td> The PECR rules are more relaxed when sending marketing emails to corporate subscribers. Corporate subscribers include companies and LLPs. You do not need to obtain consent to send emails to corporate recipients.
However, the individual receiving the email at the corporate organisation should always have the right to unsubscribe from receiving your marketing emails.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\nCan I Send Marketing Emails to Businesses Freely?<\/h2>\n\n\n\n
1. Is the Business Recipient a Sole Trader or a Non-LLP Partnership?<\/h3>\n\n\n\n
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2. Is the Business a Corporate Body?<\/h3>\n\n\n\n