B2B email marketing in Europe: why consent rules differ between Germany, France and the UK

Two sets of rules, not one

B2B email marketing in Europe involves two legal layers. The GDPR governs the processing of personal data, including business contact details such as a named person’s work email. National electronic marketing laws, implementing the EU ePrivacy Directive, govern when marketing emails may be sent at all.

This is why a campaign can be lawful in one country and risky in another. A company may have a legitimate interest under the GDPR in processing contact data, but still need prior consent to send marketing emails under national unfair competition or electronic communications law.

Germany: consent is the safe default

Germany is one of the strictest markets. Under German unfair competition law, advertising by email generally requires the recipient’s prior express consent, and this applies to business recipients as well as consumers. A narrow exception allows emails to existing customers about similar products or services if specific conditions are met, including the right to object.

German practice relies heavily on double opt-in, where a person confirms their subscription through a link sent to their email address. This creates evidence that the address owner actually consented. Buying lists or emailing contacts scraped from websites creates significant risk of warning letters and complaints.

France: a professional relevance exception

France distinguishes between consumers and professionals. For consumers, prior consent is generally required, subject to an existing customer exception. For professionals, the French data protection authority has indicated that marketing emails can be sent without prior consent if the message relates to the recipient’s professional activity, the recipient was informed that their address would be used and can object easily.

This does not allow unlimited cold emailing. A procurement manager can receive relevant offers related to their role, but an irrelevant consumer promotion sent to a work address is not covered by the professional relevance logic.

The Netherlands and the UK

In the Netherlands, rules also differ by recipient type. Marketing emails to individuals generally require consent unless an existing customer exception applies, while rules for legal entities are more permissive. Because many business addresses are personal to named employees, companies should still apply GDPR principles and provide easy opt-outs.

The United Kingdom is outside the EU but has similar rules under its privacy and electronic communications regulations. Marketing emails to individual subscribers, including sole traders and some partnerships, generally require consent or the soft opt-in for existing customers. Emails to corporate subscribers are treated differently, although individuals at those companies still have data protection rights and can object.

Germany

Prior express consent generally required, including for B2B; double opt-in is standard practice.

France

Professional recipients may receive relevant marketing without prior consent if informed and able to object.

Netherlands

Different treatment for individuals and legal entities, with GDPR principles still applying.

United Kingdom

Consent or soft opt-in for individual subscribers; different rules for corporate subscribers.

Designing one system for different rules

Companies marketing across Europe should design their CRM and automation around the strictest relevant rules, then apply country-specific permissions where appropriate. The simplest approach is to store country, recipient type, source, lawful basis, consent evidence and objection status for every contact.

Automation should check these fields before sending. A contact in Germany without documented consent should not enter a promotional sequence. A French professional contact collected with notice and relevant to the offer may be treated differently. Every email should include an easy opt-out that updates all systems.

Event leads, webinar registrations, business cards and sales conversations should also be captured with clear source and permission data. Many compliance problems start when sales teams import contacts into marketing tools without context.

Consent is also a performance strategy

Strict rules can feel like a barrier, but consented and relevant B2B lists usually perform better. Recipients who chose to hear from a company open, click and reply more often, complain less and protect sender reputation.

Content quality matters as much as permissions. Useful industry insights, event invitations and practical guides earn subscriptions. Generic promotional blasts to purchased lists damage deliverability and brand trust, regardless of legal risk.

This article is a general overview for designing marketing systems. Companies should confirm national requirements with legal advisers before launching campaigns.

Where this sits in what we do

This article covers one decision inside a wider engagement. The solution page sets out how that engagement runs, what it includes and what it costs to find out.

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