UK: consent, soft opt-in and sole traders
The ICO says marketing email to individuals needs consent or a narrow soft opt-in, and that sole traders and some partnerships count as individuals. Corporate bodies need no prior consent. The sender may not hide its identity, and opt-outs must be honoured promptly.
US: no business-to-business exception
The FTC's CAN-SPAM guide lists eight requirements and says there is no exception for business-to-business email. Opt-outs must be honoured within 10 business days. Penalties run up to USD 53,088 per violating email, and both the sender and the advertiser may be held legally responsible.
Why this matters for testing
A law-firm summary reports that the UK fine ceiling for these rules rose from GBP 500,000 to GBP 17.5m or 4% of global turnover from 5 Feb 2026. That makes an opt-out that does not reach every tool a real exposure. Test it with a mailbox you own, in every tool, and keep the dated result.
This guide is a summary of sources, not legal advice.
- Test each tool as the opt-out source in turn.
- Re-import an old list and check nobody returns.
- Keep the dated matrix.
Sources and limits
- ICO: electronic mail marketing Checked 2026-10-12.
- Marketing email to individuals needs consent or a narrow soft opt-in, and sole traders and some partnerships count as individuals.
- Corporate bodies need no prior consent, the sender may not conceal its identity, and opt-outs must be honoured promptly.
- FTC: CAN-SPAM Act compliance guide for business Checked 2026-10-12.
- The guide lists eight requirements and says there is no exception for business-to-business email.
- Opt-out requests must be honoured within 10 business days, penalties run up to USD 53,088 per violating email, and both the sender and the advertiser may be held legally responsible.
- Clifford Chance: Data (Use and Access) Act Checked 2026-10-12.
- The PECR fine ceiling was raised from GBP 500,000 to GBP 17.5m or 4% of global turnover from 5 Feb 2026.