What are the UK email marketing rules?

By Clearance4 min read

You can send UK marketing emails only with consent or under the "soft opt-in" — and both require a working unsubscribe and your identity in every message, under PECR (the Privacy and Electronic Communications Regulations), which the ICO enforces with fines separate from any advertising-content rules.

What's the difference between consent and the soft opt-in?

Consent means a freely given, specific, informed opt-in — a pre-ticked box doesn't count. The soft opt-in is the narrow exception: you may email people who bought (or negotiated to buy) a similar product from you, gave their details at that point, and were offered an easy opt-out then and in every message since. It applies to existing customers, not bought lists or cold prospects.

Is B2B email exempt from PECR?

No. Marketing to individual business addresses (sole traders, partnerships, named people) still engages PECR. Corporate addresses have more latitude, but the safe default is consent.

What must every marketing email contain?

Sender identity, a valid reply route, and a one-click unsubscribe that you honour promptly. The ad content rules (CAP Code) still apply to the email's claims on top of PECR.

FAQ

Can I email a purchased list?
No — bought lists fail both the consent and soft opt-in tests.
Does the soft opt-in cover any product?
Only "similar products and services" to what the person engaged you about.
Who enforces email rules?
The ICO enforces PECR; the ASA covers the marketing claims within the email.

Clearance flags claim language inside marketing emails — paste your campaign before it sends.

Related rules

This article is general information about publicly available UK advertising rules, not legal advice. Rules change — always check the current codes at source or take professional advice before publishing. Clearance is an independent tool and is not affiliated with the ASA or CAP.