PECR and UK GDPR in plain words for a B2B seller
Guidance on the rules for emailing and calling businesses. It is not legal advice.
This is guidance, not legal advice. When you send or ring, you are the sender, and you are responsible for doing it lawfully.
The two laws
- UK GDPR covers personal data, including a person's work email or name. Adapt relies on legitimate interests for business contact data.
- PECR covers electronic marketing: email, text and calls.
Corporate and individual subscribers
PECR treats a company differently from an individual.
| Who | Email marketing | Calls |
|---|---|---|
| Corporate subscriber (a limited company, LLP, PLC, most partnerships in Scotland) | Generally allowed with a clear identity and an opt-out. | Check the TPS and CTPS lists. |
| Individual subscriber (a sole trader, most English partnerships) | Needs their consent. | Check the TPS list. |
Adapt shows the address and labels it. The decision is yours.
What you must do
- Market only to businesses, about things relevant to them.
- Say clearly who you are.
- Put a working opt-out in every message and honour it promptly.
- Keep your own suppression list. See Opt-outs and the suppression list.
- Check the rules for each channel yourself. Adapt does not check numbers on the TPS or CTPS lists.
The right to object
Anyone can object to their details being held and ask to be removed. Adapt suppresses them, keeps a minimal record so the details are not added again, and acts within 30 days. If someone objects to you directly, add them to your own list straight away.
A note on sole traders
A sole trader is a person. A business email for a sole trader is personal data and PECR treats them as an individual subscriber, so email marketing needs consent.