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In forcesince 31 Oct 2003 · EU

EU marketing email needs prior consent, with one narrow customer exception

Article 13 of the ePrivacy Directive requires prior consent for marketing email. The one exception, usually called soft opt-in, lets you email existing customers about your own similar products, but only if you obtained the address in the context of a sale and you offer an opt-out both at collection and in every message.

Who this applies to

Anyone sending marketing email into the EU. Because ePrivacy is a Directive rather than a Regulation, the detail lives in national law and genuinely differs between member states.

What to do

  • Record where and when each address was collected, and whether a purchase actually happened.
  • Keep soft opt-in to your own similar products. A different brand in the same group does not qualify.
  • Put an opt-out in every single message, not just the first.
  • For B2B in France, note that legitimate interest can cover profession-related contact, and generic addresses such as info@ fall outside because they identify a legal entity.

What happens if you do not

Actively enforced, and usually about consent quality rather than the absence of consent. Recent examples include a 400,000 euro Garante fine in November 2025 for continuing to message people who had objected and for bundling marketing consent into quote requests, and a 1.8 million euro Norwegian fine in June 2026 over invalid customer-club consent.

Sources

  • Directive 2002/58/EC (ePrivacy), Article 13, consolidated text
    Published 19 Dec 2009Read it
  • CNIL, La prospection commerciale par courrier électronique
    Published 10 Jun 2026Read it

Related

History of this page

  • Added CNIL's B2B and generic-address guidance.
  • Added.
Added 2 May 2026 · Updated 12 Jun 2026 · Last verified 1 Aug 2026
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