The rule.
“in the course of the sale or negotiations for the sale of a product or service to that recipient”
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.
- (a) details obtained in the course of the sale or negotiations for the sale; (b) marketing of that person's similar products and services only; (c) a simple means of refusing, free of charge except transmission costs, when the details were first collected and in every later message.
- 'Negotiations for the sale' is wider than the EU text's 'context of the sale' — a quote or a trial request can qualify; a newsletter-only sign-up is not a sale.
Who it applies to.
A business emailing individuals whose details it obtained in the course of a sale, or negotiations for a sale, of a product or service to them.
Common violations in marketing copy.
Newsletter-only sign-ups treated as soft opt-in customers
No sale and no negotiations for a sale.
To opt out, call our premium-rate line
Refusal must be simple and free except transmission costs.
Non-compliant vs compliant.
“Anyone who downloaded our free guide is a customer — email them the trading offer.”
“At account opening: ☐ Don't email me about similar [Company] products. Every email: one-click unsubscribe.”
The European Union counterpart.
ePrivacy Art. 13(2): the EU soft opt-in for customers →
Side by side: Email marketing consent: EU ePrivacy vs UK PECR
Related rules.
-
PECR regulation 22(2) · United Kingdom
-
ePrivacy Directive Article 13(2) · European Union
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PECR regulation 23 · United Kingdom
-
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(3) |
| 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.