Is cold email legal in Ireland? B2B rules for 2026

Yes, to a company: Ireland's ePrivacy Regulations (S.I. No. 336 of 2011) let you send marketing email to a business that is not a natural person until it tells you to stop (regulation 13(4)). Named employees and sole traders are natural persons, for whom consent is the general rule. Regulation 13(2) exempts an email to an address used mainly for work when the email relates solely to that work, but the Data Protection Commission (DPC) never mentions it and has prosecuted marketing emails to workplace addresses sent without consent. We found no guidance on LinkedIn messages.

Checked on 15 October 2026 against the law text and the regulator's guidance. This is not legal advice.

The DPC prosecutes breaches in the District Court. All countries: cold email laws by country.

Ireland at a glance

What the regulations say

Regulation 13(1):

"Subject to paragraph (2), a person shall not use" ... "any publicly available electronic communications service to send to a subscriber or user who is a natural person an unsolicited communication for the purpose of direct marketing by means of" ... "(c) electronic mail, unless the person has been notified by that subscriber or user that he or she consents to the receipt of such a communication."

Regulation 13(4) sets an opt-out rule for everyone else: no marketing email "to a subscriber or user other than a natural person, where the subscriber or user has notified the person that the subscriber or user does not consent". No email may disguise "the identity of the sender on whose behalf the communication was made", and each needs "a valid address to which the recipient may send a request that such communication shall cease" (regulation 13(12)). Regulation 13 is unchanged since 2011 (Irish Statute Book, updated to 6 October 2026). Source: S.I. No. 336 of 2011.

What the Data Protection Commission says

"In the case of direct marketing emails and text messages to businesses (as distinct from individuals), such messages may be sent until such time as the sender is requested by the recipient business to stop. The sending of any subsequent marketing messages to the business concerned would then be an offence."

(DPC FAQ). For individuals, consent is the DPC's "general rule", with an exception only for existing customers (DPC FAQ).

Named employees and sole traders

An employee is a natural person, but regulation 13(2) adds a B2B exception:

"Notwithstanding paragraph (1) and subject to paragraph (4), the use of electronic mail to send an unsolicited communication for the purpose of direct marketing to a natural person does not include an electronic mail to an email address that reasonably appears to the sender to be an email address used mainly by the subscriber or user in the context of their commercial or official activity and the unsolicited communication relates solely to that commercial or official activity."

The DPC's guidance never mentions this exception, and in February 2018 it prosecuted the publisher Guerin Media Limited, where "Three of the sample charges related to the sending of unsolicited marketing emails to three individuals at their workplace email addresses without their consent"; the company was convicted and fined €4,000 in total (DPC, 5 February 2018). The release does not say whether those emails related to the recipients' work. Our cautious reading: rely on regulation 13(2) only when your offer clearly relates to the recipient's role and the email is about nothing else.

Sole traders: no DPC guidance found. In our reading regulation 13(2) can cover their work address too, unlike in the UK.

LinkedIn and social media messages

No guidance found from the DPC or any court. Our reading: "electronic mail" covers "any text, voice, sound or image message" that can be stored until collected (regulation 2), so a LinkedIn DM may fall under regulation 13. This is untested in Ireland.

GDPR and the DPC's guidance

The DPC's guidance on legal bases (December 2019) says "In many cases, consent will be required for electronic direct marketing, under regulation 13", and that legitimate interests (GDPR article 6(1)(f)) "may provide a legal basis" for marketing outside ePrivacy or "where the exception in regulation 13(11) applies". It is silent on the B2B cases in regulations 13(2) and 13(4); relying on legitimate interest there is our reading. Objections must always be honoured (guidance; DPC FAQ on objections). More in GDPR and B2B email under legitimate interest.

Prosecutions and penalties

Each email is a separate offence (regulation 13(13)(b)). On summary conviction the penalty is a class A fine of up to €5,000 (Fines Act 2010); on indictment up to €250,000 for a company and €50,000 for an individual (regulation 13(15)). DPC cases:

• Viking Direct (Ireland) Limited, May 2018 (B2B): a guilty plea to "sending an unsolicited marketing email to a business email address in contravention of Regulation 13(4)"; the court applied the Probation of Offenders Act instead of a conviction and fine (case study).
• Guerin Media Limited, December 2022: emails to two individuals without consent, three fines of €2,000 (DPC).
• Vodafone Ireland Limited, September 2023: one email without consent, a fine of €500 (DPC).
• Brown Thomas Arnotts Limited, September 2026: Probation of Offenders Act, €1,000 to charity and €1,000 towards the DPC's legal fees (DPC).

Checklist for B2B email to Ireland

1. Company addresses: email until the business objects, then stop.
2. Named employees: rely on regulation 13(2) only for a work address and an email solely about that role; otherwise get consent.
3. Every email: say who you are and give a valid address for opt-out requests.
4. Existing customers: your own similar products only, an opt-out each time, within 12 months of the sale.
5. GDPR: document a legitimate interest assessment, give privacy information by your first message (article 14(3)(b)) and keep a suppression list.

How Leo handles Ireland

Leo, the buying-signal agent Revexa builds, blocks only Germany automatically. For leads in Ireland you read and approve every draft in review mode, so you decide whether regulation 13(2) or 13(4) covers a lead or whether you need consent. Leo writes to each lead in the lead's own language when your website exists in that language, and in English otherwise.

Common questions

Is B2B cold email legal in Ireland?

Yes, to businesses that are not natural persons: under regulation 13(4) of S.I. 336/2011 you may email them until they object, identifying yourself and giving a valid opt-out address. For named employees and sole traders, consent is the general rule.

Can I email a named employee at an Irish company without consent?

Only within regulation 13(2): an address used mainly for work, and an email solely about that work. The DPC never mentions the exception and has prosecuted workplace emails sent without consent, so read it narrowly.

How long does the existing-customer exemption last in Ireland?

The sale must be no more than 12 months old when you send, or the details must have been used for marketing email within that 12-month period. It covers buyers, not prospects who never completed a purchase.

What are the penalties for unsolicited marketing email in Ireland?

Each email is a separate offence: up to €5,000 on summary conviction, or up to €250,000 for a company on indictment. In the DPC cases we cite, fines ranged from €500 to €2,000 per charge, and two cases ended under the Probation of Offenders Act.

Are LinkedIn messages covered in Ireland?

No DPC guidance or court ruling found. Electronic mail is defined broadly, so a LinkedIn DM may fall under regulation 13, but this is untested.