Guide
Is B2B cold email legal in France? The CNIL's rules
France allows B2B prospecting by email without prior consent, on conditions the CNIL spells out.
Short answer
Yes, for professionals, when the email relates to their job. The CNIL says B2B prospecting "peut être fondée sur l'intérêt légitime" (can rest on legitimate interest) when the subject relates to the person's profession [1]. People must be informed [2], and every message must show who sends it and give a simple way to refuse more [3].
General information, not legal advice, as of the date above. Where a regulator says its guidance is under review, we say so. If your situation is unusual, ask a lawyer who practises in that country.
The rule for professionals
"La prospection à l'égard de professionnels peut être fondée sur l'intérêt légitime de l'organisme lorsque l'objet de la sollicitation est en rapport avec la profession de la personne démarchée" [1]. Our translation: prospecting professionals can rest on the organisation's legitimate interest when the subject of the message relates to the profession of the person contacted. The CNIL's own example is a call presenting software to a company's IT director.
Informing people
"La prospection commerciale par voie électronique (...) est possible mais les personnes doivent d'abord en être informées" [2]: electronic prospecting is possible, but people must first be informed of it. When the address was not collected from the person, the CNIL adds that you must make sure they were told it may be used for prospecting and can object [4]. GDPR sets the latest moment for this: the first time you write [5], including where the address came from [6].
What every email must contain
"Chaque sollicitation doit obligatoirement permettre à la personne concernée de prendre connaissance de l'identité de l'organisation qui l'émet ainsi que d'exprimer, si elle le souhaite et par un moyen simple, son refus de recevoir de nouvelles sollicitations" [3]. In short: who is writing, and a simple way to say no.
Decision table
| Who you write to | Rule |
|---|---|
| A professional, about their job | Allowed on legitimate interest, with information and an easy refusal |
| A professional, about something unrelated to their job | Not covered by this rule |
| A private individual | Prior consent needed |
| Anyone who refused | Never again [7] |
A first email that meets the rules
- Say who you are and which company you represent.
- Make the reason relate to their job, not just their company.
- Say where you found their address.
- End with a plain way to refuse, and honour it at once.
Questions
Is B2B cold email legal in France?
Yes, when the email relates to the recipient's profession. The CNIL accepts legitimate interest for B2B prospecting, provided people are informed and can refuse simply.
Do I need consent to email a French company?
Not for an email to a professional about their job. Consent is needed for private individuals.
What must a B2B prospecting email include in France?
The identity of the sender and a simple way to refuse further messages. The person must also be told where their address came from, at the latest in the first email.
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