Legal email prospecting in France: what is permitted, or not

A plumber proposing his maintenance contracts to the building managers in his city, a web agency writing to restaurants in a neighborhood: email prospecting is a common and legal tool. It nevertheless obeys precise rules, set by the Code of Posts and Electronic Communications, in its article L34-5, by the GDPR and by the recommendations of the CNIL. It all depends first on one question: are you writing to a professional or to an individual?

IB2B or B2C: the distinction that changes everything

The starting rule of article L34-5 is prohibition: you do not prospect a natural person by email without their prior consent. But the CNIL admits a more flexible regime when writing to a person in the context of their professional activity, at their professional address, to discuss their profession with them.

The B2C exception concerns a specific situation: you collected the person's address on the occasion of a sale or service, you are proposing similar products or services that you yourself provide, and they were able to refuse at the time of collection. A winery writing to its customers to announce its new wine selection falls within this framework. Buying a file of individuals to write to them does not.

IIThe conditions for writing to a professional without their consent

Two other conditions apply. The person must be informed of the use of their data: where it comes from, who uses it and why, at the latest when you send the first message if you did not collect it from them. And they must be able to object simply and free of charge, in practice via an unsubscribe link that works.

IIIWhat every prospecting email must contain

The French Electronic Communications Code prohibits concealing the sender's identity and requires providing a valid way to request the cessation of messages. A correct prospecting email therefore contains few elements, but none must be missing.

IVOpposition, minimization, retention: file discipline

A person who unsubscribes or replies "don't write to me anymore" must never receive your prospecting messages again. The right to object to prospecting is absolute. Maintain an up-to-date opposition list and check it before each send, including when you import a new file that might contain the same address.

For the rest, the rule is minimization: only collect what serves prospecting (name, position, company, professional address). No need to keep the birth date or personal profile of an executive. CNIL also recommends not keeping prospect data beyond three years after the last contact from them. Finally, the law does not set a number of follow-ups. I advise moderation: two or three messages without response, then stop.

VHow a prospecting agent applies these rules

An AI agent does not exempt you from the law. When properly configured, it helps apply it to each send, even on Friday evening. Here is the process for a well-constructed B2B prospecting campaign, as you can organize it with an agent like Milo, ABYS's prospecting agent.

The agent follows the rules you give it, but the responsibility remains yours: you choose the targets and the content. This is a practical guide and not legal advice: for a specific case, or prospecting to another EU country whose rules may differ, consult a lawyer or CNIL resources.