Marketing email starts with consent.

ePrivacy Directive Article 13(1): direct marketing by email, fax or automated calls needs the recipient's prior consent. How it applies through national law.

European Union GDPR ePrivacy Directive Article 13(1)

The rule.

Directive 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009 · ePrivacy Directive Article 13(1)

“may be allowed only in respect of subscribers or users who have given their prior consent”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • Direct marketing by automated calling systems without human intervention, fax or electronic mail is allowed only to people who have given their prior consent.
  • Electronic mail (Article 2(h)) covers text, voice, sound or image messages stored in the network or terminal until collected — so SMS and similar messages are in scope.

Who it applies to.

Anyone sending direct marketing by electronic mail, fax or automated calling systems to subscribers or users in the EU. The Directive applies through each Member State's national law.

Common violations in marketing copy.

Violation pattern · scraped list

A cold sequence to emails scraped from a crypto conference app

No prior consent, and no existing-customer relationship.

Violation pattern · SMS blast

Promotional SMS to every number that ever logged in

SMS is electronic mail for this rule; consent or the soft opt-in is needed.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“We bought a list of 20,000 crypto investors — let's email them the launch.”

Compliant · example written by NorthPoint

“Launch email goes to subscribers who opted in on [form], plus customers covered by the soft opt-in, with an unsubscribe link in every message.”

Related rules.

Source.

InstrumentDirective 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009
ProvisionePrivacy Directive Article 13(1)
Primary sourcehttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002L0058-20091219
Read fromEUR-Lex consolidated text
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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