Cold email in Europe involves two layers of law: the GDPR (how you process personal data) and national ePrivacy rules (whether you may send electronic marketing at all). Confusing the two is the most common mistake. This is general information, not legal advice.
Layer 1: GDPR lawful basis
| Basis | When it fits cold email |
|---|---|
| Consent | The person agreed to receive marketing |
| Legitimate interest | Often used for B2B outreach to business contacts, after a balancing test, with transparency and easy opt-out |
Legitimate interest requires a legitimate interests assessment: is your purpose legitimate, is email necessary, and does the person's privacy outweigh it? Relevance to their job matters a lot.
Layer 2: ePrivacy rules (country by country)
| Situation | Typical rule |
|---|---|
| B2C cold email | Consent required across the EU and UK (except soft opt-in for existing customers) |
| B2B to corporate addresses, UK (PECR) | Allowed without consent for corporate subscribers, with identification and opt-out |
| B2B, Germany | Generally requires consent (UWG), very strict |
| B2B, Poland | Requires prior consent under the Electronic Communications Law. See Poland guide |
| B2B, France | Often allowed if relevant to the recipient's professional role, with opt-out |
B2B vs B2C
B2C cold email almost always needs consent. B2B depends on the country and whether the address is a corporate subscriber; named business emails are still personal data under GDPR.
Safeguards for B2B cold email
- Target people whose role makes the email relevant
- Identify yourself clearly
- Explain where you got their data (at first contact or within a month)
- Offer an easy opt-out and keep a suppression list
- Keep a record of your legitimate interests assessment
- Don't email personal addresses for B2B outreach
Keep your outreach clean: verified business emails, small personal batches and a CRM that records every contact.
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Frequently asked questions
Can I rely on legitimate interest for B2B cold email?
Often under GDPR, after a balancing test, but national ePrivacy rules may still require consent. For example, Germany and Poland generally require consent even for B2B.
Is B2C cold email legal in the EU?
Generally not without prior consent, except the soft opt-in for marketing similar products to existing customers.