Is B2B cold email legal? The rules in the UK, USA, Canada and Australia
What you can and cannot send to business contacts in four countries, in plain English, and how to set up outreach that stays on the right side of each.
By the TheFXSoft team · · 6 min read
It depends on where the recipient is
Email marketing law follows the person receiving the message. A campaign that is fine for London prospects can break the rules in Toronto. Here is the working summary for four markets; get legal advice for your own situation.
United Kingdom
- Emails to corporate subscribers (companies, LLPs, and employees at their work addresses) do not need prior consent under PECR.
- Sole traders and most partnerships are treated like individuals: you need consent or the soft opt-in.
- You must not hide who you are, and you must give a valid way to opt out.
- A named person's work email is still personal data, so UK GDPR applies: you need a lawful basis (usually legitimate interests) and must stop if they object.
- Keep a suppression list rather than deleting people who opt out.
United States
- CAN-SPAM allows unsolicited commercial email, business or consumer, without prior consent.
- Header and subject lines must be accurate, the message must include a physical postal address, and there must be a working unsubscribe that you honour promptly.
Canada
- CASL is consent-based: you need express or implied consent before sending.
- Implied consent can exist where a business address is conspicuously published without a no-solicitation statement and your message is relevant to the recipient's role.
- Every message needs sender identification, contact details and an unsubscribe.
Australia
- The Spam Act is also consent-based, with express or inferred consent.
- Consent can be inferred from a conspicuously published business address where the message relates to that person's work.
- Messages must identify the sender and include a functional unsubscribe.
A setup that works everywhere
- Send from a separate domain so your main one keeps its reputation.
- Target people by role and relevance, never bought consumer lists.
- Identify yourself clearly and make opting out one click.
- Keep one do-not-contact list across every campaign.
- Segment by country and apply the stricter consent rules for Canada and Australia.
General information, not professional advice. Prices and rules change; check the current position before acting.