The rule.
“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.
A cold sequence to emails scraped from a crypto conference app
No prior consent, and no existing-customer relationship.
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.
“We bought a list of 20,000 crypto investors — let's email them the launch.”
“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.”
The United Kingdom counterpart.
PECR reg. 22(2): consent for UK marketing email →
Side by side: Email marketing consent: EU ePrivacy vs UK PECR
Related rules.
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ePrivacy Directive Article 13(2) · European Union
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ePrivacy Directive Article 13(4) · European Union
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PECR regulation 22(2) · United Kingdom
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GDPR Article 4(11) · European Union
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GDPR Article 6(1)(f) · European Union
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ePrivacy Directive Article 5(3) · European Union
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GDPR (Regulation (EU) 2016/679) and the ePrivacy Directive 2002/58/EC.
Source.
| Instrument | Directive 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009 |
|---|---|
| Provision | ePrivacy Directive Article 13(1) |
| Primary source | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002L0058-20091219 |
| Read from | EUR-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.