Can I Text or Email My Customers? PECR Marketing Rules for UK Small Businesses

By the Oski Marketing team · Updated 5 October 2026 · 6 min read

You can send marketing texts and emails to individual customers in the UK only if they have given clear consent, or if the "soft opt-in" applies: you got their details when they bought or asked for a quote, you offered an opt-out then, and you market similar services with an opt-out in every message. Limited companies can be emailed without consent.

This is a general guide, not legal advice. It is based on the ICO's guidance at the time of writing, and the ICO says some of that guidance is under review following the Data (Use and Access) Act 2025.

What are the PECR marketing rules?

PECR (the Privacy and Electronic Communications Regulations) set the rules for marketing by phone, text, email and other electronic messages in the UK. They sit alongside UK GDPR, which covers how you handle personal data generally. The ICO's guide to electronic and telephone marketing is the primary source, and the rules are stricter for individuals than for companies.

The key question is always: who is this message going to, and what permission do you have?

Can I text or email my existing customers?

Yes, if you have consent or the soft opt-in applies. The ICO's page on electronic mail marketing says you must not send marketing texts or emails to individuals unless one of these is true.

Consent must be freely given, specific and informed, and given by a clear positive action such as ticking an unticked box. The ICO says consent must cover your particular organisation and the type of message, and that you should keep records of what each person agreed to, when and how. Pre-ticked boxes do not count.

The soft opt-in applies only when all of these are true:

1. You got the person's contact details directly from them.
2. They bought something from you, or were in negotiations to buy.
3. You are marketing your own similar products or services.
4. You gave them a simple way to opt out when you collected their details.
5. You give them a simple way to opt out in every message.

The ICO's detailed email guidance explains that "negotiations for the sale" needs an express request, such as asking for a quote. Simply browsing your website or sending a general question is not enough. The soft opt-in never covers bought-in lists.

Worked example

A heating engineer in Croydon fits a boiler. On the job sheet the customer signs, there is an unticked line: "Tick if you don't want service reminders and occasional offers from us by text." The customer leaves it unticked. A year later the engineer can text an offer on an annual service, as long as the text says who it is from and includes "Reply STOP to opt out". The engineer cannot text the same customer about a partner's solar panel deal, because that is not their own similar service.

Are business customers treated differently?

Yes. PECR splits recipients into individual subscribers and corporate subscribers.

This catches out a lot of small businesses. A plumber who runs as a sole trader is an individual subscriber under PECR, so a cold marketing email to their personal address needs consent. UK GDPR also applies when you email a named person at a company, so you still need a lawful basis and a privacy notice.

What about phone calls and the TPS?

You can make live marketing calls without consent, but not to numbers registered with the Telephone Preference Service (TPS) or Corporate TPS (CTPS) unless that person has told you they are happy to get your calls, and never to someone who has asked you not to call. The ICO's telephone marketing guidance says you must say who is calling and display your number, and must screen call lists against the registers. Because sole traders can register on either, the ICO says business-to-business callers should screen against both.

Automated (recorded) marketing calls are much stricter: they need specific consent for automated calls, and general marketing consent is not enough.

Is a reminder or confirmation text marketing?

Usually not, if it is neutral. The ICO's guidance on identifying direct marketing says service messages, such as confirming or reminding people about appointments, are not direct marketing. But if you add promotional content, the message counts as marketing even if that was not its main purpose.

• "Reminder: your boiler service is booked for Tuesday 10am. Reply to rearrange." is a service message.
• "Reminder: your service is Tuesday. Upgrade to our premium cover for 20% off!" is marketing.

Review requests are worth thinking about too: a plain request for feedback about a completed job is close to a service message, but adding offers turns it into marketing. Keep them simple; our guide to getting more Google reviews has wording.

What happens if you break the rules?

The ICO can investigate complaints, order you to stop, and issue fines. In its statement on the commencement of the Data (Use and Access) Act on 5 February 2026, the ICO said it can now issue fines of up to £17.5 million or 4% of global turnover under PECR. Its older What are PECR? page still mentions a £500,000 limit and notes that it is under review, so expect the guidance to be updated.

For a small business, the bigger day-to-day risk is complaints and lost trust. People remember who texted them without asking.

What to do this week

• List every place you collect phone numbers and emails: quote forms, job sheets, booking systems, the till.
• Add an unticked opt-in or a clear opt-out line at each point, and keep a record of what people chose.
• Add "Reply STOP to opt out" or an unsubscribe link to every marketing text and email template.
• Separate your service messages (reminders, confirmations) from offers, and keep the reminders neutral.
• If you make sales calls, screen your list against the TPS and CTPS before you dial.

For a practical start on building a list the right way, read our guide to email marketing for small businesses. The same caution applies to advertising claims, covered in the CAP Code in plain English. At Oski Marketing we check message templates and sign-up forms against these rules as part of our work for clients.