Why Is Cold Texting Illegal While Cold Emailing Is Allowed?
Mar 7, 2025
Why Cold Texting is Illegal and Cold Emailing is Allowed
Access is everything in business. Getting in front of decision-makers before your competition can be a game-changer. Cold outreach, when done properly, is one of the most effective ways to create demand where none existed before. But not all outreach methods are treated the same under the law.
In Germany and the UK, cold emailing is legally permitted as long as it follows regulatory guidelines. Cold texting, however, is mostly prohibited. Why? Because laws governing digital communication are not designed to block sales—they exist to regulate privacy and consent.
Businesses that understand these laws don’t just stay compliant; they use them to their advantage.
Understanding the Core Legal Differences
To understand why cold texting is illegal while cold emailing is allowed, we need to break down the legal framework in Germany and the UK.
The key differences come down to "prior consent" and how intrusive regulators perceive different communication channels to be.
Cold Texting: The Legal Barriers
In both Germany and the UK, texting (whether via SMS, WhatsApp, or other messaging apps) is considered highly intrusive. The law treats it similarly to a personal phone call, meaning businesses cannot send cold texts unless the recipient has explicitly opted in.
This is based on:
GDPR (General Data Protection Regulation) – Businesses must have a lawful basis for processing personal data, including phone numbers.
PECR (Privacy and Electronic Communications Regulations - UK) – Requires opt-in consent before sending marketing texts to individuals.
TTDSG (Telecommunications and Telemedia Data Protection Act - Germany) – Enforces strict prior consent rules for electronic marketing, including SMS and messaging apps.
Texting someone without their permission is legally classified as unsolicited direct marketing, which is strictly regulated.
The penalties are serious. Companies caught violating cold texting laws face heavy fines. The UK’s Information Commissioner’s Office (ICO) has issued multi-million-pound penalties for illegal text marketing campaigns, while Germany’s Datenschutzbehörden (data protection authorities) take a similarly strict stance.
Cold Emailing: Why It’s Still Legal
Unlike texting, email is seen as less intrusive. Regulators in Germany and the UK acknowledge that while people consider text messages personal, email is an expected business communication tool.
This distinction allows cold emailing under specific conditions:
B2B cold emails are allowed under "legitimate interest." If an email is sent to a business email address (e.g., john.doe@company.com) and is relevant to the recipient’s job role, it is generally compliant.
B2C cold emails require explicit consent. Sending emails to private individuals (e.g., Gmail, Yahoo, Outlook addresses) requires prior opt-in.
A clear opt-out must be provided. All cold emails must include an easy way for recipients to unsubscribe.
Germany’s TTDSG and the UK’s PECR enforce these rules but do not prohibit B2B cold email as long as it follows these guidelines.
The Bottom Line:
Cold emailing businesses is legal if there’s a legitimate reason to contact them.
Cold texting is not permitted under any circumstances.
Why Cold Email is a Better Strategy Than Cold Texting
For companies operating in Germany and the UK, cold email isn’t just a legal alternative to cold texting—it’s a smarter approach to outbound sales.
1. Cold Email is More Scalable Than Texting
Even if cold texting were legal, it wouldn’t be an effective long-term strategy. While SMS open rates may be high, B2B response rates tend to be low. Email, however, provides:
Scalable personalization – Automated sequences that still feel one-on-one.
Higher deliverability – While spam filters exist, well-structured emails land in inboxes.
Data tracking & optimization – Open rates, clicks, and replies can be measured and improved.
2. Email Builds Trust—Texting Feels Spammy
A well-written email builds credibility. It gives the recipient time to review your message, research your company, and respond at their convenience. In contrast, an unsolicited text message feels like an invasion of privacy, especially from an unknown sender.
Trust in business is built through professional, relevant communication—not through spamming personal phone numbers.
3. Cold Email Can Be Automated Without Legal Risks
Germany’s and the UK’s privacy laws aim to prevent unwanted interruptions. Cold email allows businesses to comply while still executing high-volume outreach.
When done right, cold email can:
Generate consistent B2B leads without breaking regulations.
Create repeatable, scalable outbound processes.
Reach decision-makers without risking fines or reputation damage.
Cold texting offers none of these advantages.
What Businesses Should Do Instead of Cold Texting
Companies looking to optimize outbound sales while staying legally compliant should focus on a multi-channel approach—but one that respects privacy laws.
Cold Email for Initial Outreach
LinkedIn for Social Selling
Phone Calls for High-Intent Prospects
Retargeting Ads for Brand Awareness
Cold texting has NO role in a legally compliant and effective outbound strategy.
Cold email, done right, is the best way to generate leads while staying compliant.
Cold Email: The Last Scalable, Legal Competitive Advantage
There are no loopholes in privacy laws—only strategies that work within them. Germany and the UK have made it clear that cold texting is not allowed. Cold email, however, remains one of the last high-ROI, scalable outbound methods available.
Most companies either:
Ignore outbound altogether, relying only on inbound leads.
Take reckless legal risks, sending outreach that violates GDPR and PECR.
Execute outbound poorly, using generic messaging that doesn’t convert.
The companies that win? They understand that legal compliance and effective execution go hand in hand.
Cold email is not just a legal alternative to cold texting—it is a superior channel that creates direct access to decision-makers and drives revenue.
If you’re serious about outbound sales inEurope, cold email is the way forward. Let’s talk. We’ve built and optimized cold email campaigns that generate high-value conversations. The right strategy changes everything. We’ll show you how.