What qualifies as “publicly available” contact info?

"It's publicly available" is one of the most frequently misused justifications in cold email. Here's where it actually holds up and where it doesn't.

Generally clearer territory: A contact page on a company's website with a listed email address. A press release with a named spokesperson's email. Government registry filings with director details. Professional directory listings where the person voluntarily published their information for business contact. These contexts share a common thread: the person put the information out there specifically for business contact purposes.

Legally murky territory: LinkedIn profile data is publicly visible to other users, but LinkedIn's Terms of Service prohibit scraping it, and automated extraction often violates both ToS and relevant data laws. Social media profiles are similar. Just because something is visible to the public doesn't mean it's available for commercial use. The legal analysis depends on how you collected it and whether the person had a reasonable expectation of contact.

Under GDPR: "Publicly available" isn't a lawful basis on its own. You still need a legal ground to process the data and to send to the person. Legitimate interest may apply in B2B contexts, but only after a documented balancing test. The data being public is just one factor.

The practical question to ask yourself: would this person be surprised to receive an email from you, given where you found their address? If yes, you're probably in murkier territory regardless of how the data was technically accessible.

If you're building a cold list and aren't sure whether your sourcing method is solid, our SOS line can help you think it through before you send. High complaint rates from cold outreach to poor-fit contacts will damage your domain reputation regardless of legal permission.