The rule.
“unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender”
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.
- No unsolicited direct-marketing email to individual subscribers unless the recipient has previously told the sender they consent, for the time being, to such communications from that sender.
- Instigating counts: commissioning a partner or affiliate to send is within the rule. The exceptions are the soft opt-in in 22(3) and, for charities, 22(3A).
Who it applies to.
Anyone transmitting, or instigating the transmission of, unsolicited direct-marketing email to individual subscribers in the UK — including a business that pays an affiliate to send it.
Common violations in marketing copy.
An affiliate emails its list about your exchange for a per-sign-up fee
You instigated the transmission; the recipients consented to the affiliate, not to you.
Co-registration list where consent named 'selected partners'
Consent must be to communications from, or instigated by, the sender.
Non-compliant vs compliant.
“We rented a UK investor list — the provider says they're all opted in.”
“UK email goes only to people who opted in to email from [Company] on our own form, plus customers under the soft opt-in.”
The European Union counterpart.
ePrivacy Art. 13(1): prior consent for marketing email →
Side by side: Email marketing consent: EU ePrivacy vs UK PECR
Related rules.
-
PECR regulation 22(3) · United Kingdom
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ePrivacy Directive Article 13(1) · European Union
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PECR regulation 23 · United Kingdom
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Privacy and Electronic Communications (EC Directive) Regulations 2003.
Source.
| Instrument | The Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) |
|---|---|
| Provision | PECR regulation 22(2) |
| Primary source | https://www.legislation.gov.uk/uksi/2003/2426/regulation/22 |
| Official text | https://www.legislation.gov.uk/uksi/2003/2426/contents |
| Read from | legislation.gov.uk, revised 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.