B2B direct marketing without prior consent: what do the new rules mean for businesses?

Many businesses still assume that they cannot email a prospective client without prior consent. However, an amendment to Article 81 of Lithuania’s Law on Electronic Communications, effective from 22 April 2026, has significantly simplified the rules for direct B2B marketing.

Under the Law, direct marketing communications – including emails and SMS messages – may be sent to legal entities and to employees’ business contact details without prior consent, provided the recipient is offered a clear, free and easy-to-use option to opt out of future communications.

B2B communication may also rely on employees’ business contact details that have been made publicly available, for example on a company website, in business directories, the Register of Legal Entities or professional networks such as LinkedIn, where the information is published for business purposes. Free personal email accounts, such as Gmail or Yahoo, are not automatically considered business contacts simply because they are used for correspondence. Before using such an address for marketing, businesses should have reasonable grounds – and, where necessary, be able to demonstrate – that it is genuinely used for professional or commercial purposes.

That said, the amendment should not be treated as a blanket permission to launch unrestricted email campaigns. Every marketing email should clearly identify the sender, provide contact details, include a link to the privacy notice and offer a straightforward way to opt out.

An unsubscribe link is the preferred solution. Where this is not technically possible, the email should include a clear statement at the end, for example: “If you do not wish to receive similar emails in the future, reply to this email with the word ‘unsubscribe’.” Once an opt-out request is received, the address should be added to an internal suppression or “do not contact” list and must no longer be used for marketing.

Businesses should also retain records of opt-out requests to demonstrate compliance with data-protection and accountability requirements. All unsubscribe actions should therefore be documented and securely retained.

Lithuanian law does not currently set a maximum number of follow-up emails or prescribe minimum intervals between them. Follow-up communication may therefore continue until the recipient exercises their right to opt out. Nevertheless, businesses should ensure that the frequency, relevance and tone of their communications remain proportionate and respectful.

In the coming years, we will likely see not only more B2B outreach, but also a clearer distinction between businesses that create value in their first message and those that merely add another email to an already crowded inbox.