The products and services soft opt-in can allow certain unsolicited electronic marketing to individual subscribers without a separate consent opt-in. The ICO sets five conditions: obtain the details directly, during a sale or negotiations for a sale, market your own similar products or services, offer a clear opt-out when collecting the details and offer an opt-out in every message. All must apply. Source: ICO: electronic mail marketing rules

A travel agency check

Before using this exception, document the transaction or enquiry, how the address was obtained and the opt-out offered at collection. Then assess whether the proposed message concerns your own similar service.

Do not treat an imported customer list as proof that these checks have been met. If the collection record is missing, resolve that gap before using the exception.

Keep the scope clear

This entry concerns commercial products and services marketing. It does not describe every PECR exception or the different rules for corporate subscribers.

Use the current ICO guidance when deciding how the rules apply. Keep a record of the decision so a colleague can explain why a particular audience was selected.

Written and updated by Travelgenix. Sources checked on 16 October 2026. Worked examples and checklists are editorial illustrations and recommendations, not customer results.