Guides

Is cold email legal in Italy?

Not without consent. Article 130(1) and (2) of the Privacy Code (d.lgs. 196/2003) allow marketing email only with the prior consent of the contracting party or user.

This covers companies as well. The Garante's guidelines on promotional activity of 4 July 2013 say the term contracting party covers legal persons too, so a company address needs consent. A seller can use the address a customer gave when buying to offer its own similar products or services, if the customer was informed and did not refuse (article 130(4)).

In practice

Say from the first line that it is a commercial communication and name the person or company it is sent for (d.lgs. 70/2003, article 8). Never disguise the sender.
Give a working address at which the person can object or exercise their rights, easily and free of charge (article 130(4) and (5)).
The Garante fines breaches under GDPR article 83(5), up to 20 million euros or 4 percent of worldwide turnover. In 2023 it fined a company 10,000 euros for emailing addresses from a public list and said an opt-out link made no difference.

The rules Precleared applies

Before an agent sends a cold or marketing email to someone in Italy, these are the rules that decide whether it may. Each one is quoted from its legal source and checked on the date shown. Precleared applies them to one address at a time and returns the rule that decided, what the footer must include and a signed receipt.

Allowed

Article 130(4) of the Privacy Code lets a seller use the email address a customer gave when buying, without consent, to offer its own similar products or services, provided the customer was informed and did not refuse, and can object easily and free of charge in every message.

Footer must include: Say from the first line that it is a commercial communication and name the person or company it is sent for (d.lgs. 70/2003, article 8). Never disguise the sender, and give a working address at which the person can object or exercise their rights, easily and free of charge (article 130(4) and (5)).

Next step: Confirm the address came from a sale by you, that this offer is similar, and that the customer was told they could refuse. Give a free, easy opt-out in every message.

le coordinate di posta elettronica fornite dall'interessato nel contesto della vendita di un prodotto o di un servizio, può non richiedere il consenso dell'interessato, sempre che si tratti di servizi analoghi a quelli oggetto della vendita e l'interessato, adeguatamente informato, non rifiuti tale uso

Privacy Code (d.lgs. 196/2003), article 130(4)

Checked on 2 November 2026

Consent needed first

Article 130(1) and (2) of the Privacy Code allow marketing email only with the prior consent of the contracting party or user. The Garante's guidelines on promotional activity (4 July 2013, doc. web 2542348) say the term contracting party unquestionably covers legal persons too, so a company address needs consent as well. Breaches are fined under GDPR article 83(5), up to 20 million euros or 4 percent of worldwide turnover; in 2023 the Garante fined a company 10,000 euros for emailing addresses from a public list and said an opt-out link made no difference (doc. 9899880).

Next step: Do not cold email. Get prior consent you can evidence, or use the existing-customer route for similar products. A public or role address does not change this.

L'uso di sistemi automatizzati di chiamata o di comunicazione di chiamata senza l'intervento di un operatore per l'invio di materiale pubblicitario o di vendita diretta o per il compimento di ricerche di mercato o di comunicazione commerciale è consentito con il consenso del contraente o utente.

Privacy Code (d.lgs. 196/2003), article 130(1) and (2); Garante guidelines of 4 July 2013, doc. web 2542348

Checked on 2 November 2026

Sources

Check one address

curl https://precleared.dev/api/v1/check \
  -H "Authorization: Bearer pc_live_..." \
  -H "Content-Type: application/json" \
  -d '{
    "recipient_email": "jane@example.it",
    "sender_country": "GB",
    "pitch": "Bookkeeping software for small firms",
    "address_source": "published",
    "recipient_country": "IT"
  }'

Over MCP, call contact_check with the same fields at https://precleared.dev/mcp.

Common questions

Can I cold email Italian companies?

Not without prior consent. The Garante says the consent rule covers legal persons as well as people.

Does an opt-out link make a cold email lawful in Italy?

No. In 2023 the Garante fined a company for emailing addresses from a public list and said an opt-out link made no difference.

Can I email existing customers in Italy?

Yes, at the address they gave when buying, about your own similar products or services, if they were told they could refuse and can object easily and free of charge in every message.

How GDPR fits in: Is cold email legal under GDPR?

Other countries

Decision support with sources, not legal advice.