A survey by the email marketing agency has found that 63% of IT companies are using email lists that will be illegal when the directive on privacy and electronic communications becomes law on October 31.
The new laws do not affect existing email relationships, but will have an impact on the way email marketers acquire new customers.
The survey of 100 marketing managers in August this year found that only 30% of marketing managers in the technology sector are fully aware of the new law and only 37% have an opt-in email list that will be legal when the new laws are active.
The directive will mean that email marketers can only send information to those who have opted in, instead of the current situation where people will receive information unless they opt out.
Companies must also give users the option to refuse cookies; and anyone sending email marketing information will have to be able to prove that they have provided an opt-in option.
Although most of the worst spamming comes from outside the EU, companies breaking the law face the prospect of being taken to court and fined.
Gavin John, CEO of StoneShot, said: "The industry has known for some time that this directive will be law at the end of next month, but little in the way of preparation seems to have been done.
"Worryingly, the majority of respondents are using email marketing to attract new customers and to retain existing clients, and if they do not take action to generate opt-in lists, they will be doing so illegally in nine weeks' time."
If you have an opinion on this or any other issue raised on Brand Republic, join the debate in the .