Cold mailing is a form of direct marketing that involves sending emails to potential customers who have not previously given their consent to receive such communications. While this practice is commonly used by companies aiming to expand their reach and showcase their offers, it must comply with applicable privacy and data protection laws (GDPR).
Prohibition of spam
The Act of July 18, 2002, on Providing Electronic Services explicitly prohibits sending unsolicited commercial information via electronic communication means to a specified recipient (Article 10(1)). Commercial information includes any content that directly or indirectly promotes goods, services, or the business image of an entity.
According to Article 172 of the Telecommunications Law, telecommunication devices may be used for direct marketing only with the prior consent of the subscriber or end user.
The purpose of these regulations is to protect privacy and safeguard recipients from unwanted communications. In practice, this means that sending unsolicited commercial or marketing messages to individuals who have not given prior consent constitutes a legal violation.
Consent for such communications must be:
- Voluntary;
- Informed;
- Explicit and documented;
It cannot be obtained through implied, default, or hidden means.
Is asking for consent allowed?
A common question is whether requesting consent to send an offer is legally acceptable. Some argue that merely asking for consent is not yet a commercial or marketing message and could be permissible.
A typical approach involves:
- First, reaching out to a potential client to request consent for sending commercial information.
- Only after obtaining consent, sending marketing messages.
However, it is essential to note that even a message asking for consent to send an offer contains some information about the company, its services, or products. This alone may be enough to classify it as direct marketing, which requires prior consent. Sending such messages without explicit consent may result in legal consequences, including:
- Administrative penalties
- Compensation claims
- Even criminal liability
Moreover, this practice can damage a company’s reputation and discourage potential clients.
How to properly obtain consent for sending commercial offers?
Observations suggest that the best approach is to offer potential recipients something valuable in exchange for providing their email address—such as a free e-book, report, training session, or consultation. Then, using an appropriate checkbox or sign-up form, it is essential to clearly ask for consent to receive commercial communications.
This method is not only compliant with current regulations but also helps build a database of individuals genuinely interested in the company’s offerings. It is a professional and effective approach to customer acquisition that minimizes the risk of legal sanctions and potential damage to the company’s reputation.
For mailing distribution, it is advisable to use one of the popular email marketing tools, which allow recipients to efficiently and legally manage their subscriptions, including the option to unsubscribe from mailing lists.
