Modees"B2B is exempt from consent" is one of the most confidently repeated half-truths in email marketing. The exemption exists, but it is narrower than the phrase suggests, and the deciding fact is not whether the email goes to a work address. It is who the subscriber is.
This is a practical explanation, not legal advice. The rules differ in Scotland and outside the UK, and enforcement positions change; if cold email is a material part of your revenue, have the process reviewed.
Individual versus corporate subscriber
PECR distinguishes two kinds of subscriber:
- An individual subscriber — a person, including a sole trader. Unsolicited marketing email needs prior consent, unless the soft opt-in applies.
- A corporate subscriber — broadly, a company or similar body. Unsolicited marketing email to a corporate subscriber does not need prior consent under PECR.
A sole trader trading as "J Smith Plumbing" is an individual subscriber even though the address looks like a business. A limited company is a corporate subscriber even if the address is jsmith@gmail.com. The label on the website and the email domain are not the test; the legal form of the entity is.
Partnerships and other unincorporated bodies are generally treated as corporate subscribers, but the detail depends on the entity, and Scottish partnerships are a separate case. Check the register entry rather than assuming from "& Sons" in the name.
What the exemption does not give you
For a corporate subscriber, PECR does not require consent. It still requires that you:
- identify yourself clearly, and give a valid postal address
- provide a working opt-out in every message
- honour an opt-out promptly
- do not conceal or misrepresent your identity
GDPR applies separately. A work email such as jane@company.example is usually personal data, so you need a lawful basis — normally legitimate interests — and a documented balancing test. The fact that PECR allows the message does not answer the GDPR question.
A legitimate-interests note should say what you send, to whom, why they would expect it, what data you use, how long you keep it, and how someone objects. "We think it is good for business" is not a balancing test.