What qualifies as “publicly available” contact info?
- The concept of publicly available data is frequently misunderstood in cold email contexts.
- Generally considered public:
- Contact pages on company websites
- Published press releases and media kits
- Government registries and filings
- Professional directories where listing is voluntary
- Business cards shared at events
- More ambiguous:
- LinkedIn profiles (public to users but governed by terms of service)
- Social media profiles (platform rules apply)
- Conference attendee lists (often have usage restrictions)
- Professional association directories (may restrict commercial use)
- Critical distinction:
- Public availability is a question of access
- Permission to use is a separate question
- Under GDPR, public availability doesn't automatically provide lawful basis for marketing
- Context matters: a journalist's email published for press inquiries may not be appropriate for sales outreach
Practical test: Would the person reasonably expect to receive your type of message based on where they published their contact information?
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