Can I send an email is a question that I frequently get asked since the commencement of the General Data Protection Regulation on 25 May 2018.

Why are you not sending an email?

Is it because you do not have consent?

Do you need consent?

Ask yourself a few questions:

  • What are you saying in the email?
  • Why are you sending the email?
  • Who are you sending the email to?

Consent is not the only ground or reason you can use.

GDPR can I send an email

GDPR does not stop you from sending every email.

You can still send emails but not to everyone.

If you receive any enquiries you have the right to contact the person and follow up with them.

Are you contacting them because you already have a connection with them and they are a customer and the email relates to your contract with them? For example you are letting them know about a change for an appointment or your opening hours?

Do you need to contact them because of a legal obligation?

What about marketing?

Is it marketing? Then permission (consent) may be required.

Is the email a marketing situation? Are you promoting your products and services to a stranger?

Has the person agreed to receive (consented) marketing material from you and signed up to hear from you? If so you can send the email but remember to give them the ability to unsubscribe in the email.

If not, how did you get their details and do you have a lawful basis for contacting them?

This is one of the topics I will be covering on my GDPR workshops.

Please contact me or call me on 087 6674534 if you have GDPR requirements or would like to hear about upcoming GDPR workshops.

Michelle McLoughlin.


The material in this article is for general information purposes only and does not constitute legal or taxation advice. Specific legal and taxation advice should be sought before acting. All information and taxation rules are subject to change without notice.

No liability whatsoever is accepted by M. McLoughlin & Co. for any action taken in reliance on the information in this article