Roman Ledak

Why is asking for consent in the first email illegal?

·Insight·2 min read·Roman Ledak

Sending the first email asking for consent for further contact is a violation under Polish law – the mere inquiry without prior opt-in constitutes an act for which a UOKiK penalty may be imposed.

Sending the first email asking for consent constitutes a violation of Polish law. This can result in a UOKiK penalty.

Many CEOs and founders of SMEs act in good faith. They send a polite email, convinced they are being cautious and protecting the company.

Consent in the first email does not work retroactively.

The Electronic Communications Law clearly prohibits such first contact. The mere request for consent without prior opt-in is a violation of the PKE. Penalties can reach 3% of annual revenue or PLN 1 million. The risk falls on the management board members and their personal assets.

Therefore, you must obtain legal opt-in through another channel before sending any email. For example, after accepting an invitation on LinkedIn, via a website form with a checkbox, or during registration for an industry event.

Only then does a cold email become fully legal.

Is your first contact with a potential client via email or another channel?

Share in the comments how you obtain consent before sending.

Key takeaways

  • Sending the first email asking for consent constitutes a violation of the Electronic Communications Law.
  • Consent for contact does not work retroactively, so requesting an opt-in in an email is already a breach of law.
  • UOKiK penalties for illegal contact can reach 3% of annual revenue or PLN 1 million and impact the personal assets of the management board.
  • Legal opt-in must be obtained before sending the email, for example, via LinkedIn, a website form, or an industry event.

Frequently asked questions (FAQ)

Can I send a first email asking for consent to contact?
No, such a practice constitutes a violation of the Electronic Communications Law. Sending messages requesting consent without prior opt-in is illegal. This carries a financial penalty imposed by UOKiK.
What penalties are imposed for asking for consent in the first email?
UOKiK can impose a penalty of up to 3% of the company's annual revenue or up to PLN 1 million. Financial responsibility falls directly on the management board members and their personal assets.
Does consent for contact work retroactively?
Consent given after receiving the first email does not work retroactively. The mere act of sending a message without prior opt-in already constitutes a completed violation of legal regulations.
How to legally obtain consent before sending a cold email?
Consent must be obtained through another channel before the first email contact. This can be done after accepting an invitation on LinkedIn, via a website form with a checkbox, or during registration for an industry event.
Who is personally liable for illegal emails in a company?
Members of the management board are responsible for violations of electronic communication regulations. The financial risk from UOKiK penalties impacts their personal assets.

Is your first contact with a potential client via email or another channel? Share in the comments how you obtain consent before sending.

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