KVKK Risks in Email Marketing, Including Cold Email

⏱️ Reading time: 10 min · 📁 Category: KVKK & Digital Compliance

KVKK risks in email marketing, including cold email (2026 guide)

KVKK compliance in email marketing means managing the emails companies send to prospective or existing customers
in accordance with personal data processing rules. In particular, cold emails (emails sent to people with whom no prior relationship exists)
are among the highest-risk areas under the KVKK.

Many companies view email marketing solely as “communication”. However, email addresses, names, company information and behavioural data
are personal data under the KVKK. Sending emails is therefore directly considered a data processing activity.

Short answer: Email marketing requires a legal basis under the KVKK;
cold emails in particular are risky without explicit consent in most cases. Is email marketing covered by KVKK?

Yes. An email address is considered personal data.
Therefore, the process of collecting, storing and sending e-mails is subject to the provisions of the KVKK.

Email open rates, click data and user behaviour may also be considered personal data.

Do cold emails comply with the KVKK?

Cold emailing is one of the most debated areas.
The general approach is:

• No explicit consent → high risk
• Legitimate interest → limited use may be possible

However, this assessment should be done separately for each situation.
Indiscriminate data collection and mass emailing constitute KVKK violations in most cases.

B10’s view: Cold emailing is not completely prohibited;
however, a poorly designed approach constitutes a direct violation. The biggest KVKK risks in email marketing 1. Sending without explicit consent

Sending marketing email without the user's permission is one of the most common violations.

2. The data source is unclear

If the source of email addresses is unknown, the data processing may be unlawful.

3. Uncontrolled mass emailing

Sending to large mailing lists without segmentation is risky.

4. Failure to provide privacy information

Failure to inform the user of how the data is processed is a violation of the KVKK.

5. No unsubscribe option

If the user is not offered the opportunity to exit the email list, there is a serious risk.

6. Long-term storage of data

Failing to delete unused email data violates the data minimisation principle.

How can email marketing comply with the KVKK?

A compliant email marketing process should include these steps:

Provide privacy information

Clearly explain to users the purposes for which their data will be used.

Obtain explicit consent when necessary

Explicit consent is required in particular for marketing emails.

Segment your audience

Do not send every user the same content.

Provide an unsubscribe mechanism

Users should be able to unsubscribe easily.

Define a data retention period

Unused data must be deleted.

Practical insight: KVKK-compliant email marketing
means smaller mailing lists but higher conversion rates. Can emails be sent on the basis of legitimate interest?

In some cases, particularly in B2B communication, sending emails on the basis of legitimate interest may be considered.
However, this requires:

• The user must reasonably expect it
• Data processing must be limited
• Users must be offered a right to object

Otherwise, this approach may also constitute a violation of the KVKK.

Most frequent mistakes Using a purchased email list

One of the highest-risk practices.

Uncontrolled cold emailing

Sending emails without segmentation and analysis constitutes a violation.

Not providing a privacy notice

The data processing procedure is not explained to users.

Omitting the unsubscribe link

Users are not given the right to unsubscribe.

B10 approach: email marketing = data strategy

At B10 Digital Agency, we treat email marketing not only as a marketing activity, but also as a
data processing and compliance process.
We structure the process around a legal basis, segmentation,
user experience and risk management
.

A poorly designed email system creates long-term risk rather than short-term gains.

Conclusion

Email marketing can comply with the KVKK, but compliance depends on the right processes.
Cold emailing in particular should be carefully planned and supported by a legal basis.

Otherwise, email marketing becomes a direct KVKK risk rather than an easy way to reach people.

Let’s make your email marketing KVKK-compliant