Guide
Is cold email legal in Ireland? The B2B rules, quoted
Irish law separates three cases: a company, a person at their work address, and a person at a personal address.
Short answer
Mostly yes for business email. You may email a company unless it has told you it does not consent [1], and a person at an address that reasonably appears to be their work address, if the email is solely about their work [2]. A person at a personal address needs to have consented first [3]. Every email must include a valid address to opt out [4].
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 law that applies
Ireland's email marketing rules are in S.I. No. 336/2011, the Privacy and Electronic Communications Regulations, Regulation 13. GDPR applies to the personal data in the email as well. Each rule below is quoted from the regulations themselves.
Case 1: an email to a company
For a subscriber "other than a natural person", the rule is an opt-out: you must not send direct marketing email "where the subscriber or user has notified the person that the subscriber or user does not consent to the receipt of such a communication" [1]. In other words, you may write until the company says no, and then you stop.
Case 2: an email to a person at their work address
Regulation 13(2) carves out work addresses. Writing to "an email address that reasonably appears to the sender to be an email address used mainly by the subscriber or user in the context of their commercial or official activity" is not treated as direct marketing to an individual, as long as "the unsolicited communication relates solely to that commercial or official activity" [2]. A practice manager's address at the practice, about a service for the practice, fits. The same person's personal address does not.
Case 3: an email to a person at a personal address
This needs consent: you may not send it "unless the person has been notified by that subscriber or user that he or she consents to the receipt of such a communication" [3].
What every email must contain
An email "for the purpose of direct marketing" must "include a valid address at which that person may be contacted" [4]. The Data Protection Commission adds that individuals can object and "a valid address to opt-out must be included with each marketing communication" [5].
Decision table
| Who you write to | Rule |
|---|---|
| A company (info@, sales@, a team inbox) | Allowed until they tell you they do not consent |
| A person, at an address used mainly for their work, about their work | Allowed |
| A person, at a personal address | Consent needed first |
| Anyone who has said stop | Never again |
GDPR still applies
A named person's work address is personal data. Direct marketing can rest on legitimate interest [6], and you must tell the person where you got their address at the latest when you first write to them [7]. See how to answer "where did you get my email".
Questions
Is B2B cold email legal in Ireland?
Generally yes: to a company until it opts out, and to a person at a work address when the email is solely about their work. A personal address needs consent.
Do I need consent to email an Irish company?
No, but you must stop if the company tells you it does not consent, and every email needs a valid opt-out address.
Which Irish law covers cold email?
Regulation 13 of S.I. No. 336/2011 (the ePrivacy Regulations), together with GDPR for the personal data involved.
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