GDPR

Business-to-business Marketing Rules for Electronic Mail to Corporate Subscribers

UK GDPR: If you are processing personal data when sending marketing by electronic mail to another business, you need to comply with the UK GDPR. This includes ensuring that your use of their data is lawful, fair, and transparent. You must also comply with their data protection rights, including their absolute right to stop their data being used for direct marketing purposes.

“The PECR rule on direct marketing by electronic mail does not apply to corporate subscribers. For example, this means you can send B2B direct marketing emails or texts to any corporate body. You do not need their consent under PECR to send such messages.”

The information below is a summary of the information provided by the ICO (Information Commissioner's Office) - for detailed information please review their page here.

Definition: Business-to-business (B2B) marketing is when you send direct marketing to another business or a business contact. This includes any means of communication such as emails, text messages, phone calls, and post.

Corporate Subscribers: Businesses are classed as “corporate subscribers” under PECR if they are a corporate body with separate legal status (e.g., companies, limited liability partnerships, Scottish partnerships, and some government bodies). However, sole traders and other types of partnerships are classed as “individual subscribers” and PECR treats them the same as individuals.

Marketing by Electronic Mail: The rule on marketing by electronic mail (e.g., email or text message) doesn’t apply to corporate subscribers. This means you can send B2B direct marketing emails or texts to any corporate body without needing their consent under PECR. 

However, you must:

  • Not disguise or conceal your identity.
  • Provide a valid address for businesses to opt-out or unsubscribe from your messages.

Opt-Outs: While PECR doesn't explicitly state that you must comply with a corporate subscriber’s opt-out in the context of electronic mail, it's good practice to do so. Continuing to send marketing to a corporate subscriber who has asked you not to can be counterproductive.