A guide to current opt-in requirements for emailing in Europe

Country	Individual business email address	Generic  company  email address	Law of reference	Degree of stringency (1=mild 4=Very strong)
Austria	Opt-in is required when: a) The message sent is a direct marketing email b) The message is sent to over 50 recipients	Opt-in not required	§ 107 Telecom Law 2003 (TKG 2003)	3
Belgium	Opt-in is required in all cases	Opt-in not required	Chpt. IV, art.  13-145 Law on certain legal aspects of information society services	3
Denmark	Opt-in is required in all cases	Opt-in required	§6 of the 2000 and 2005 Marketing Practises Acts	3
Finland	Opt-in is the general rule, but if the message concerns a product or service that is directly related to the recipient's job function consent is not required	Opt-in not required	The code for Information Society and Communictaions Services January 2015	2
France	Opt-in is the general rule, but if the message concerns a product or service that is directly related to the recipient's job function consent is not required	Opt-in not required	The CNIL's 2005 interpretation of  the European Directive  regarding BtoB emailing	2
Germany	Opt-in is required in ALL cases. Mesages should also contain the possibility to "opt-out from behaviour tracking" ie: the possibility to refuse to have the recipients' open and clicking behaviour traced.	Opt-in required	Gesetz gegen den unlauteren Wettbewerb	4
Ireland	Opt-in is the general rule, but if the message concerns a product or service that is directly related to the recipient's job function consent is not required	Opt-in not required	§13 of the European Communities Regulations (amended by the Citizens' Rights Directive)	2
Italy	Opt-in is required in all cases	Opt-in required	Chpt.X § 130 Decree N° 196 30thJune 2003	3
Netherlands	Opt-in is required except if the personalised business email address is available publicly (eg: on internet in  social media), in which case prior consent is not required.	Opt-in required	Art. 11.7 Dutch Telecommunication Act	2
Norway	Opt-in is required in all cases	Opt-in required	§15 Marketing Control Act 2009	3
Spain	Opt-in is required in all cases	Opt-in required	General Telecom Law on Electronic Communications 2012	3
Sweden	Opt-in is the general rule, but if the message concerns a product or service that is directly related to the recipient's job function consent is not required	Opt-in not required	The Personal Data Act 1998 & The Swedish Marketing Act 2008	2
Switzerland	Opt-in is required in all cases	Opt-in required	New Federal Telecommunication Law 2007 - UCA Act.	3
United Kingdom	Opt-in is NOT required	Opt-in not required	Privacy and Electronic Communications Regulations 2003	1

N.B: In all of the above countries a "soft" opt-in is accepted if a recipient's email address was collected in the context of the sale of a service or product and if the email sender is using the address for direct marketing of similar services or products. 

Also, common to the legislation regarding emailing across Europe, is the requirement to always provide a means for the recipient to unsubscribe and that this request by the recipient be respected by the sender.  

It is also obligatory that the sender should be clearly identifiable to the recipient.

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