You are only allowed to send marketing emails to individual customers if they have given you permission. Businesses must not send emails to individuals without their specific prior consent.
There is a limited exception for previous customers, known as the soft opt-in.
Emails or text messages must clearly indicate:
- who you are
- that you are selling something
- what the promotions are, and any conditions
Organisations will need to be able to demonstrate that consent was knowingly and freely given, clear and specific, and should keep clear records of consent. The ICO recommends that opt-in boxes are used.
Check that you are not sending emails to anyone who has asked not to receive them, using the Email Preference Service.