Guide
B2B cold email in France and the EU: what the CNIL rules allow, and what they require
In France, the CNIL explains that prospecting emails to professionals can rely on the sender's legitimate interest, without prior consent, as long as the message relates to the recipient's profession, the person was informed and can object simply; prospecting emails to consumers need prior consent, with narrow exceptions. In both cases every message must identify the sender and offer a simple way to refuse further messages, and anyone can object to prospecting at any time under the GDPR.
B2B and B2C are not the same rule
The CNIL adds a detail many people miss: the existing-customer exception does not apply if the person only created an online account without buying anything. And pre-ticked boxes do not count as consent.
| Prospecting consumers (B2C) | Prospecting professionals (B2B) | |
|---|---|---|
| Basis | Prior consent: free, specific, informed and unambiguous, given by an active action such as an unticked box | Legitimate interest of the sender |
| Condition | Consent collected before the first message | The subject of the message relates to the recipient's profession |
| Exceptions | Existing customer, for similar products or services from the same company; non-commercial prospecting (for example charity) | Not applicable |
| In every message | Sender identity and a simple way to refuse future messages | Sender identity and a simple way to refuse future messages |
What “related to the profession” means in practice
The B2B rule is not a licence to email any professional address about anything. The CNIL's condition is that the subject of the solicitation relates to the profession of the person contacted. Offering accounting software to a company's finance manager fits; offering a personal holiday to the same person at their work address does not.
Generic addresses are a separate case. The CNIL states that addresses such as info@company or contact@company, which concern legal entities rather than individuals, are not subject to these principles. That does not make every message to them a good idea, but the consent and information rules above apply to people, not to a company's shared inbox.
The two things every message needs
These apply to B2B and B2C alike. A missing or broken opt-out is one of the easiest failures to spot, for recipients and for the regulator.
- Who is writing: each message must let the person know the identity of the organisation that sends it.
- A simple way to say no: each message must let the person refuse further solicitations by a simple means, such as a working unsubscribe link or a reply that is acted on.
The GDPR right to object
Prospecting emails to named people use personal data, so the GDPR also applies. Article 21 gives the person the right to object at any time to processing for prospecting, including profiling linked to it; once they object, their data may no longer be processed for that purpose. Article 21 also requires that this right be explicitly brought to the person's attention, clearly and separately from other information, at the latest at the first communication.
The CNIL's page on the right to object adds that for commercial prospecting, the objection needs no reason and is free of charge. In practice: honour every unsubscribe quickly, keep a suppression list so the person is not contacted again from another list, and say in the first email how to object.
A compliance checklist for a B2B campaign
This guide summarises the CNIL's published guidance for France; it is not legal advice. Rules in other EU countries may differ, so check them before prospecting there. For a specific case, check with your data protection adviser.
- Target named professionals only for offers related to their job.
- Know where each address comes from, and be able to say so if asked.
- Inform people of the data use and their right to object, at the latest in the first message.
- Identify the sender clearly in every message.
- Include a simple, working way to refuse further messages, and act on it.
- Keep a suppression list across all lists and campaigns.
- Treat consumers (B2C) separately: no prior consent, no email, outside the exceptions.
How we run AI prospecting at Takat
Our AI prospecting service builds prospect lists by segment, drafts personalised emails with AI, tests subject lines and tracks replies into a CRM. Nothing is sent without the client's validation, and every campaign is built around the rules above: B2B targets with an offer related to their work, sender identity and a working opt-out in every message, and a suppression list that is respected. See AI prospecting.
Questions we get
Do I need consent to send a B2B prospecting email in France?
Not according to the CNIL, provided the message relates to the recipient's profession and the person was informed and can object simply. Prospecting emails to consumers, by contrast, generally require prior consent.
Can I email a sole trader or freelancer as B2B?
The CNIL's B2B rule is about the subject relating to the person's profession. If the message is about their professional activity, the B2B logic applies; if it is a consumer offer, treat it as B2C.
Are contact@ addresses covered by these rules?
The CNIL states that generic addresses such as info@ or contact@, which concern legal entities, are not subject to these principles. Messages to named people at a company are.
What must every prospecting email contain?
The identity of the sending organisation and a simple way to refuse further messages. Under the GDPR, the right to object must also be brought to the person's attention at the latest at the first communication.
Sources
- CNIL: La prospection commerciale par courrier électronique, SMS-MMS et automates d'appel (French) (checked 2026-10-06)
- CNIL: GDPR text, chapter 3 (article 21, right to object) (French) (checked 2026-10-06)
- CNIL: Le droit d'opposition (French) (checked 2026-10-06)