In brief
- PECR’s consent rule for marketing emails and texts protects individual subscribers. Limited companies, LLPs and Scottish partnerships are corporate subscribers: you may email them without prior consent.
- Sole traders and partnerships in England, Wales and Northern Ireland count as individuals: they need consent or a soft opt-in.
- Every marketing email must identify the sender and offer a valid opt-out address.
- Live sales calls must not go to numbers on the TPS or the Corporate TPS; automated recorded calls need consent, also towards businesses.
- Post is not covered by PECR, but data about individuals remain personal data under the UK GDPR.
The Privacy and Electronic Communications Regulations 2003 (PECR) set the rules for marketing by email, text and phone in the United Kingdom. For B2B marketing they are more permissive than in most EU countries, but only for the right kind of business. This article walks through the regulations themselves, as published on legislation.gov.uk, channel by channel.
Who is a corporate subscriber?
PECR distinguishes between two kinds of subscribers (regulation 2):
- Individual: a living individual, which “includes an unincorporated body of such individuals”. That covers sole traders and ordinary partnerships in England, Wales and Northern Ireland.
- Corporate subscriber: among others, a company, a partnership in Scotland and any other body corporate or entity which is a legal person distinct from its members. That covers private limited companies, PLCs, LLPs and Scottish partnerships.
The distinction matters because the most important rule for marketing emails applies only to individual subscribers. Before an email campaign, separate the legal forms in your list. A company number from Companies House is a good indicator that a business is incorporated; a missing company number often means a sole trader or partnership.
Email and text messages
Regulation 22(1) states that the regulation “applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers”. For them, paragraph (2) requires that the recipient “has previously notified the sender that he consents” before you send direct marketing by email or text. Electronic mail in PECR includes text messages.
The only exception is the soft opt-in in paragraph (3): you obtained the contact details in the course of a sale or negotiations for a sale to that recipient, you only market your own similar products and services, and the recipient was given a simple, free way to refuse at the time the details were collected and in every later message. A purchased list never meets these conditions. Since 5 February 2026, paragraph (3A) also allows a similar soft opt-in for charities (inserted by the Data (Use and Access) Act 2025).
For corporate subscribers, regulation 22 does not apply, so no prior consent is needed. Two rules apply to every marketing email, whoever receives it (regulation 23):
- the identity of the person on whose behalf the email is sent must not be disguised or concealed;
- the email must contain a valid address to which the recipient can send a request that such communications cease.
In practice: write from your own company, name it clearly, include a working unsubscribe link or reply address and honour opt-outs promptly by adding the business to your suppression list.
Named contacts at companies
An email address such as jane.smith@example-ltd.co.uk belongs to a corporate subscriber, so regulation 22 does not require consent. But it identifies a person, so it is personal data under the UK GDPR. You need a lawful basis (usually legitimate interests), you must give the person the information required by Art. 14 UK GDPR, and the person can object to direct marketing at any time. General addresses such as info@ or sales@ raise fewer questions.
Live phone calls
Live marketing calls do not need prior consent, but regulation 21 prohibits unsolicited calls for direct marketing where:
- the subscriber has previously told the caller that such calls should not be made on that line, or
- the number is listed in the register kept under regulation 26 (the Telephone Preference Service, with numbers of corporate subscribers in the Corporate TPS); a newly registered number is protected after 28 days.
Regulation 26 makes clear that the register includes corporate subscribers: their notifications must be made in writing, and they receive a written reminder to confirm their registration. Callers must also not withhold their number. The consequence for anyone buying a list: screen every number against TPS and CTPS before calling, keep a record of when you did it and keep your own do-not-call list.
Automated calls
Calls that play a recorded marketing message need the subscriber’s prior consent (regulation 19). This applies to businesses as well; there is no B2B exception.
Post
Addressed letters are not covered by PECR. If a letter is addressed to a named person or a sole trader, the UK GDPR applies: a lawful basis, the Art. 14 information and the right to object. Direct mail to a company’s business address is often the least restricted channel.
What changed in 2026
The Data (Use and Access) Act 2025 amended PECR from 5 February 2026. Besides the charity soft opt-in, section 115 of the Act brings the enforcement of PECR under Parts 5 to 7 of the Data Protection Act 2018. The scope of regulation 22, and therefore the difference between corporate and individual subscribers, did not change.
Overview by channel
The table can be scrolled sideways.
| Channel | Limited company, LLP, Scottish partnership | Sole trader, partnership in England, Wales, NI |
|---|---|---|
| Email and text | no prior consent; identify yourself, valid opt-out address (reg. 23) | prior consent or soft opt-in (reg. 22); plus reg. 23 |
| Live call | allowed unless on TPS/CTPS or the business objected (reg. 21) | allowed unless on TPS or the person objected (reg. 21) |
| Automated call | prior consent (reg. 19) | prior consent (reg. 19) |
| Post | not covered by PECR | not covered by PECR; UK GDPR applies |
What this means for a purchased list
- Check the legal form. Use the company number and the legal form, where your list has them, to separate corporate subscribers from sole traders and partnerships.
- Email corporate subscribers properly. Identify yourself, include an opt-out and honour it.
- Screen phone numbers. Run the list against TPS and CTPS before calling, and again before later campaigns.
- Inform named individuals. Give the Art. 14 UK GDPR information at the latest with your first message and respect objections.
- Keep records. Source of the data, date of screening, opt-outs: you are responsible for your campaign.
Which fields our exports contain and how the data were compiled is explained on the export page and under data sources and methodology.
Frequently asked questions
Can I send marketing emails to a limited company without consent?
Yes. The consent rule in regulation 22 only covers individual subscribers. A limited company, an LLP or a Scottish partnership is a corporate subscriber (regulation 2). Every marketing email must still identify you and give a valid address for opting out (regulation 23), and you should stop when a business asks you to.
Is a sole trader a business for PECR?
No. PECR treats a sole trader, and a partnership in England, Wales or Northern Ireland, as an individual subscriber. You need prior consent or a soft opt-in for your own customers before you send them marketing emails or texts.
Do I have to screen business numbers against the TPS?
Yes. The register kept under regulation 26 includes numbers of corporate subscribers (the Corporate TPS). Regulation 21 prohibits live marketing calls to registered numbers, so you need to screen a list before calling and keep your own list of businesses that asked you not to call.
As of 4 November 2026. Quotations from the latest available revised versions of the regulations on legislation.gov.uk. This article is general information and does not replace legal advice in an individual case.
