Guide
Is cold email legal to UK sole traders? How to check before you send
The UK rule turns on one question: is the business a company, or a person trading under a name?
Short answer
In the UK you may send a B2B cold email to a company, a limited liability partnership or a Scottish partnership [1]. Sole traders and some partnerships are treated as individuals, so you need their consent first [2]. To tell which is which, look the business up on Companies House: limited companies and LLPs are registered there; a sole trader is not.
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.
Why the kind of business matters
The UK email marketing rules (the Privacy and Electronic Communications Regulations, PECR) treat a company as a "corporate subscriber" and a sole trader as an individual. The ICO says it plainly: "You can email or text any corporate body (a company, Scottish partnership, limited liability partnership or government body)" [1], while "Sole traders and some partnerships are treated as individuals – so you can only email or text them if they have specifically consented, or if they bought a similar product from you in the past and didn't opt out from marketing messages when you gave them that chance" [2].
The three-minute check
- Read the website footer and contact page. Look for "Ltd", "Limited", "PLC" or "LLP" and a company number. Most companies show their registered number and registered office there.
- Search the register. Companies House says: "We incorporate and dissolve limited companies. We register company information and make it available to the public" [3]. Search the business name or number on the Companies House search service and check that it is active.
- If it is not there, assume an individual. A sole trader does not appear on the register: GOV.UK explains that you "can start trading straight away without registering" and register for Self Assessment with HMRC instead [4]. An ordinary partnership in England, Wales or Northern Ireland is not on the register either.
- When in doubt, do not send. Mark the business as "individual" on your never-contact list and move on.
Decision table
| Business | On Companies House? | Cold email under PECR |
|---|---|---|
| Private or public limited company (Ltd, PLC) | Yes | Allowed, with your identity and an opt-out |
| Limited liability partnership (LLP) | Yes | Allowed, with your identity and an opt-out |
| Scottish partnership | No (not as a company) | Allowed: the ICO lists it as a corporate body |
| Partnership in England, Wales or Northern Ireland | No | Treat as individuals: consent needed |
| Sole trader | No | Consent needed |
| Government body | Not as a company | Allowed: the ICO lists it as a corporate body |
Even for a company, two rules apply
"You must not disguise or conceal your identity, and you must provide a valid contact address so they can opt out or unsubscribe" [5]. Keep a list of businesses that opt out and check every new list against it. If you write to a named person at a company, data protection law still applies to their personal data; see answering "where did you get my email".
A note on changes
The ICO has said its PECR guidance is being reviewed after the Data (Use and Access) Act. Check the ICO's page before relying on the details above.
Questions
Can I cold email a sole trader in the UK?
Not without their consent, unless they bought a similar product from you before and did not opt out. Under PECR a sole trader is treated as an individual.
Can I cold email a limited company in the UK?
Yes. PECR lets you email corporate bodies, including companies and LLPs, as long as you identify yourself and give a valid address to opt out.
Is a Scottish partnership treated like a company?
Yes. The ICO lists Scottish partnerships among corporate bodies you can email.
How do I check if a UK business is a limited company?
Search its name or company number on the Companies House search service. Limited companies and LLPs are listed there; sole traders are not.
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