Can you send offer emails to companies in 2025? This issue is becoming increasingly complex. In the age of digitalization and widespread internet access, cold mailing — that is, sending unsolicited electronic correspondence to potential clients — has become a common marketing tool. However, the regulations governing these practices have tightened significantly. So what now?
In 2025, clear rules apply to email marketing — and failing to comply with them may result not only in a loss of recipients’ trust, but also in serious legal consequences. The legal basis in this area is the GDPR, which sets out the rules for collecting, processing, and storing personal data — including email addresses. What is more, even if it is only an email address containing a first and last name (e.g. jan.kowalski@gmail.com), in most cases personal data is still being processed.
It is worth considering whether emailing companies is currently the best strategy. Every marketer who has tried SEO on their own or worked with a specialist SEO agency knows that the foundation of all ranking efforts is the value of the website itself. In light of increasingly strict GDPR rules, working with a professional SEO agency such as wilkniebieski.pl may prove to be a safer and more effective alternative to traditional mailing.
What regulations govern emailing companies in 2025
In 2025, sending commercial offers electronically is subject to strict legal regulations. These rules significantly affect companies’ marketing activities and must be followed carefully in order to avoid potential penalties. The legal framework is based on three key acts, which complement one another and together create a comprehensive regulatory structure.
GDPR – the most important changes for B2B companies
The GDPR (General Data Protection Regulation) also introduces major changes in business communication. Contrary to popular belief, these rules do not apply only to B2C relationships, but also to B2B. In 2025, the importance of these regulations has grown even further because:
- Any consent to the processing of personal data for marketing purposes must be freely given, specific, informed, and unambiguous
- Companies must document every consent obtained and present it upon request
- Even in B2B communication, explicit consent is required for sending commercial information
In addition, the GDPR gives natural persons representing companies the right to access the consents they have given and to withdraw them at any time. It is worth noting that in 2025 the interpretation of “legitimate interest” (Art. 6(1)(f) GDPR) as a basis for emailing companies has become much more restrictive.
Act on the Provision of Electronic Services
This act sets out the service provider’s obligations related to providing electronic services, the rules on limitation of liability, and the principles of personal data protection. In the context of emailing companies, the provisions concerning commercial information are of key importance.
According to this act, any commercial information must be:
- Clearly separated and marked in a way that leaves no doubt
- Include identification of the entity on whose behalf it is being distributed
- Include the sender’s electronic addresses
However, after the entry into force of the Electronic Communications Law, the regulations concerning the sending of unsolicited commercial information were removed from this act, clarified, and transferred to a new legal act.
Electronic Communications Law and its impact
Since November 10, 2024, the Electronic Communications Law (PKE) has been in force, introducing groundbreaking changes to the rules of marketing communication. This law clearly prohibits the use of automated calling systems and telecommunications terminal equipment to send commercial information without the recipient’s prior consent. This also applies to B2B communication.
The key changes introduced by the PKE include:
- The requirement to obtain one clear consent from clients for marketing contact through all available channels
- The obligation to archive customers’ consents for commercial communication
- Severe penalties for non-compliance, reaching up to 3% of a company’s annual turnover
In light of these rules, so-called cold mailing — sending offers to people who have not previously given consent — is now prohibited. What is more, the PKE excludes the possibility of using data obtained from public registers or websites for marketing purposes without the explicit consent of the person concerned.
Given these increasingly strict regulations, emailing companies is becoming legally riskier and riskier. That is why an alternative worth considering is investing in SEO. Working with a professional SEO agency such as ours — wilkniebieski.pl — allows you to reach potential customers effectively without the risk of violating personal data protection regulations. This way, you not only avoid potential financial penalties, but also build long-term visibility for your company online.
How to legally obtain consent for mailing
Obtaining legally valid consent to send marketing messages has become much more complicated in 2025 than ever before. Since the Electronic Communications Law (PKE) came into force on November 10, 2024, businesses have had to adapt to stricter requirements regarding the collection of consent, which gives the question “can you send offer emails to companies” a new legal dimension.
Signup forms and checkboxes – what has changed?
The Electronic Communications Law has introduced radical changes to the way marketing consent is collected. The most important changes in signup forms are:
- Consent must be voluntary — service provision cannot be made conditional on giving marketing consent
- Consent must be specific — each communication channel (email, phone, SMS) requires separate consent
- The decision must be informed — the user must know who will process their data and for what purpose
- Consent must be unambiguous — it should be expressed actively, for example by ticking an empty checkbox
Practices such as pre-ticked boxes or combining marketing consent with acceptance of terms and conditions are now unlawful. Failure to comply with these rules may result in financial penalties of up to 3% of the company’s annual revenue or PLN 1 million.
An example of a correct form: an empty checkbox with the clear message: “I consent to receiving commercial information electronically (by email) from Company XYZ.” Similar separate consents should be obtained for each communication channel.
Double opt-in as proof of consent
Double opt-in has become the standard that significantly increases legal security for companies conducting mailings. This process involves:
- The user first giving consent by completing a form
- Sending a verification email with an activation link
- Confirming the subscription by clicking the link
- Archiving that confirmation as proof of consent
Using double verification ensures that the email address is correct, actually exists, and belongs to the person who provided it. Moreover, it constitutes indisputable proof of informed consent in the event of an audit or legal dispute. In addition, companies using double opt-in report a lower unsubscribe rate.
Consent and the information obligation – how to combine them
Under the PKE and the GDPR, every marketing consent must be combined with fulfillment of the information obligation. This means that the recipient must be informed about:
- The identity of the data controller (who collects the data)
- The purpose of data processing (marketing, newsletter)
- The storage period of the data
- The rights of the data subject (access, objection, deletion)
- The possibility of withdrawing consent at any time
The information obligation can be fulfilled by including appropriate information next to signup forms and providing a link to the privacy policy. However, it should be remembered that information alone does not replace the requirement to obtain consent.
In the context of growing legal requirements and the risk of financial penalties, emailing companies is becoming an increasingly risky marketing tool. An alternative solution, which does not require collecting consent and processing personal data to the same extent, is website positioning (SEO). Working with a professional SEO agency such as ours makes it possible to achieve search engine visibility without exposing yourself to legal issues related to mailing. In light of tightening GDPR rules, investing in SEO may prove not only safer, but also more effective in the long run than traditional mailing to companies.
When do you not need consent for mailing?
Despite the tightening of GDPR and PKE rules, there are situations in which sending emails to companies or customers does not require prior consent. However, it is worth remembering that these exceptions are becoming increasingly limited, and misinterpreting the regulations may result in serious financial consequences.
A business relationship as an exception
An existing business relationship is one of the most important exceptions to the requirement of obtaining consent to send messages. You may contact a client without additional marketing consent in the following cases:
- For communication related to a completed order, service, or contract
- When the client themselves has approached you asking for an offer
- Within the controller’s legitimate interest, e.g. to pursue claims or recover an unpaid invoice
It should be noted, however, that a business relationship does not give you unlimited rights to send all types of messages. If you want to add a client’s email address to a newsletter database or send them typically marketing content, you still need their explicit consent.
Importantly, however, European law provides for an exception not reflected in Polish regulations. The directive assumes that email marketing can be conducted without prior consent if there is a seller-customer relationship between you and the recipient, and the email address was obtained in the context of selling your own products or services.
Transactional vs. marketing mailing
The key difference between mailings that require consent and those you may send without additional permission lies in the nature of the message. Transactional messages are sent in response to specific user actions and do not require additional marketing consent.
Transactional messages that may be sent without consent include:
- Order confirmations with information about the purchased products
- Account activation information after registration
- Payment receipt confirmations
- Notifications about shipping delays or stock shortages
- Information about issuing an invoice
In contrast, marketing messages encouraging repeat purchases or promoting new services always require prior consent. Transactional messages are read by most recipients, which means they are opened and clicked far more often than other types of messages.
Publicly available contact data – is that enough?
Using publicly available contact data for business mailing is an area in which regulations are interpreted ambiguously. According to the Code of Good Practice in the direct marketing industry, sending a marketing message to an entrepreneur who has published their data in the CEIDG does not require prior consent. Similarly, sending commercial information to commercial companies (e.g. limited liability companies) whose data is available in the National Court Register (KRS) is possible without consent, because these are legal entities rather than natural persons.
However, for safety reasons, it is recommended to send messages to a general address (e.g. kontakt@firma.pl), and to a personalized address only when you are sure the addressee wants this or when the personalized address is listed on the company’s website as a contact address for offers.
Despite these exceptions, regulations on personal data protection and electronic communication are becoming increasingly restrictive. In view of these challenges, it is worth considering alternative customer acquisition methods that do not expose you to legal risk. Investing in website positioning (SEO) is a safer alternative to mailing. Working with a professional SEO agency such as wilkniebieski.pl allows you to effectively reach potential customers without having to deal with the legal complexities surrounding consent for electronic communication.
In light of tightening GDPR rules, the question “can you send offer emails to companies” is becoming increasingly complex, and the answer increasingly less clear-cut. Therefore, professional SEO appears to be a safer and potentially more effective marketing strategy for 2025.
The most common mailing mistakes and how to avoid them
Running mailing campaigns in 2025 is like moving through a minefield — one misstep can result in serious legal consequences. Over the years, GDPR regulations have become more rigorous, and the answer to the question “can you send offer emails to companies” is no longer as clear as it once was.
No unsubscribe link
Every marketing message must contain a clear and easily accessible unsubscribe link. This is a basic legal requirement under the GDPR and other regulations. A subscriber should be able to unsubscribe from the mailing with one click — without having to log in or provide reasons. The link is best placed in the footer of the message and clearly labeled. The lack of such a link may result not only in spam complaints, but also in a lower sender reputation among email providers, which leads to deliverability problems for all future campaigns.
Hiding the sender’s identity
According to the regulations, every commercial message must clearly indicate who the sender is. The email content should include:
- The full name of the company or person sending the message
- The email address from which the message was sent
- The company’s physical registered address (usually in the footer)
Hiding or concealing the sender’s identity is an offense punishable by a high fine and damage to the domain’s reputation. It is worth remembering that a simple link redirecting to a website is not considered sufficient identification.
Sending without a legal basis – real penalties
The consequences of violating mailing regulations are extremely severe. Sending unsolicited commercial information without the proper legal basis may result in:
- A fine
- Restriction of liberty
- Imprisonment for up to 2 years
- A financial penalty of up to 3% of the company’s annual revenue or PLN 1 million
In light of these severe sanctions and tightening GDPR regulations, emailing companies is becoming a marketing tool with a high level of legal risk. That is why it is worth considering alternative customer acquisition methods such as SEO. Working with a professional SEO agency like wilkniebieski.pl allows you to effectively reach potential customers without exposing yourself to legal problems related to mailing.
SEO is safer than mailing
In view of the growing legal challenges associated with mailing, entrepreneurs are increasingly looking for safer marketing alternatives. Website positioning (SEO) is emerging as a method that not only avoids legal pitfalls but also provides long-term benefits for businesses.
Legal risks in mailing vs. SEO
Running email marketing campaigns involves a whole range of sanctions in the event of legal violations. These consequences may take the form of administrative penalties reaching as much as 3% of the sanctioned entity’s revenue from the previous calendar year. Violating the provisions of the Act on the Provision of Electronic Services is an offense punishable by a fine of up to PLN 5,000.
The most severe sanctions, however, arise from personal data protection law. It provides for imprisonment of up to 2 years for violating provisions concerning the processing of personal data. In the case of unauthorized processing of certain sensitive data, the upper penalty limit may even be 3 years of imprisonment.
Unlike mailing, SEO does not require the processing of personal data or obtaining consent from potential customers. Instead, it focuses on content optimization, which eliminates the risk of violating the GDPR or the Act on the Provision of Electronic Services. SEO is therefore a much safer strategy from a legal perspective.
Why an SEO agency (e.g. wilkniebieski.pl) is a safe choice
Working with a professional SEO agency gives businesses a significant advantage in the current legal reality. Above all, agencies specializing in SEO, such as wilkniebieski.pl, have up-to-date knowledge of permissible marketing practices. This is especially important in the context of strict compliance with ethical and legal requirements.
SEO is becoming a key element of every company’s marketing strategy if it wants to increase its online presence and attract more people interested in its services. Search engine optimization not only increases website traffic, but also builds brand credibility and authority in the eyes of potential customers.
Additionally, effective use of SEO, unique content, and engagement on social media are key to achieving success in promoting services online. Unlike mailing, which may be perceived as intrusive, SEO attracts customers who are actively searching for specific products or services.
In summary, the question “can you send offer emails to companies” is becoming increasingly complicated in light of tightening regulations. SEO, on the other hand, is a safer alternative that allows you to effectively reach potential customers without the risk of violating personal data protection regulations.
Conclusions
To sum up, the regulations governing the sending of offer emails to companies have become significantly stricter in 2025. The Electronic Communications Law, together with the GDPR, has created an environment in which conducting email marketing without the appropriate consents is becoming not only difficult, but also extremely risky. Financial penalties reaching 3% of a company’s annual revenue, as well as potential legal consequences, pose a serious threat to entrepreneurs.
The days when it was possible to freely collect email addresses from publicly available sources and send unsolicited offers are certainly gone for good. Current regulations require every marketing consent to be freely given, specific, informed, and unambiguous. In addition, companies must document all obtained consents and allow easy withdrawal from subscriptions.
In view of these challenges, more and more businesses are looking for safer marketing alternatives. Website positioning (SEO) appears as a method that eliminates the risks associated with processing personal data and obtaining marketing consent. Working with a professional SEO agency such as wilkniebieski.pl allows you to effectively reach potential customers without exposing yourself to legal problems.
It is therefore worth considering whether traditional mailing is the best strategy for your company in 2025. It may be time to redirect your marketing budget toward SEO activities, which are not only safer from a legal standpoint, but also build long-term search engine visibility and attract customers who are actively looking for your services or products.
Although mailing companies is still possible in certain circumstances, the legal complexities and risk of penalties make SEO a more sensible choice for companies that care about compliance and long-term marketing results.
Reference
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