GDPR Q11

Can I still send marketing emails after GDPR?

Q11. Can I still send marketing emails after GDPR?

Category: Marketing

You can still send marketing emails after GDPR, but you need the right lawful basis and you must respect people’s choices quickly.

In simple terms

Use consent or, in limited B2B cases, legitimate interests with PECR compliance.
Give clear unsubscribe options in every message.
Keep records of how and when you obtained permission.

Choosing a lawful basis

For individuals (B2C), consent is usually required alongside PECR rules. For corporate subscribers, you may rely on legitimate interests if you balance your needs against the recipient’s expectations.

Use opt-in consent for newsletters, offers, or promotions.
Carry out a legitimate interests assessment for B2B marketing.
Keep marketing separate from service communications required by contract.

Designing compliant emails

Transparency builds trust. Tell people why they are receiving the email and how they can stop them. Make the opt-out process quick and simple.

Include your organisation’s identity and contact details.
Use a working unsubscribe link or reply address in every message.
Honour opt-out requests within a short timeframe (ideally 48 hours).

Record keeping

Maintain evidence for each contact showing lawful basis, preference choices, and when consent was obtained. This helps you respond to complaints or ICO enquiries.

Store consent logs in your CRM or marketing platform.
Segment lists to avoid emailing people who have withdrawn consent.
Review data regularly and delete contacts who are no longer engaged.

Practical steps to take

Audit your marketing lists and remove anyone without a lawful basis.
Update sign-up forms to capture consent with clear wording.
Create an unsubscribe workflow that updates all systems automatically.
Train staff and agencies on PECR and GDPR requirements.
Monitor complaint rates and adjust your approach if people opt out frequently.

Real-life examples

Retail newsletter

A retailer adds a checkbox on checkout pages asking for consent to send weekly offers. The confirmation email includes a preference centre so customers can change their mind easily.

B2B webinar invite

A software company emails business contacts about an upcoming webinar, relying on legitimate interests. The email explains why the recipient is contacted and offers a one-click opt-out.

Helpful reminders

Never buy bulk email lists—consent cannot be transferred without transparency.
Keep marketing emails separate from essential service communications.
Monitor bounce and complaint rates to spot list quality issues.
Respect requests to stop marketing across all channels (email, SMS, phone).

Key takeaway

Responsible marketing means clear permission, honest messaging, and instant respect for opt-outs.