Email Marketing Compliance - Staying on the Right Side of the Law

Despite the fact that email marketing can provide a great ROI, it’s not without its risks. Spam emails can result in fines, blacklisting, and even reputational damage, so it’s important to stay on the right side of the law when using this marketing channel. Fortunately, there are several email regulations to help you stay compliant.

CAN-SPAM: In the US, the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) is a set of rules that regulates commercial emails. This includes requiring that the sender identify themselves, allow recipients to unsubscribe, and limit the use of false or misleading subject lines.

CAN-SPAM also prohibits the use of “spam” keywords in order to increase clicks or open rates, and requires businesses to honor opt-out requests within ten days.

GDPR: The European Union’s General Data Protection Regulation and ePrivacy Directive require that all companies comply with data privacy laws when collecting and sending personal information, including email addresses. This requires that all businesses obtain consent from individuals to send them marketing communications, be transparent about what data is collected, and only use the data for its intended purpose.

CASL: Canada’s Anti-Spam Legislation (CASL) was implemented in 2014 and applies to any commercial electronic messages sent from or to Canadian email addresses, regardless of whether the business is located in Canada. Similar to CAN-SPAM, CASL requires that the sender be identified in all commercial messages and provide a mechanism for unsubscribing or requesting removal of their email address.

Other global regulatory bodies: Australia’s Spam Act 2003 is similar to CAN-SPAM and CASL in that it requires express or implied consent, valid contact details, and a means to unsubscribe. The Australian Information Commissioner’s Office warns that it is illegal to encourage recipients to forward emails, as this is considered spamming under the Act.

Staying on the right side of the law can seem like a burden for marketers, but it’s essential to ensure compliance to avoid costly fines and to maintain the trust of your audience. In addition, adhering to email marketing best practices can actually add value to your communications, as it demonstrates that you prioritize your subscribers’ interests and preferences.

To ensure you stay compliant, it’s best to have someone on your team who is knowledgeable about email regulations and has the authority to authorize email campaigns before they go out.

This will keep your company from accidentally breaking any laws and protects your brand’s reputation, especially if you work with an agency that doesn’t understand local email regulations.

This is a good step to take no matter the size of your business, and it can be an especially useful tool for larger companies that operate across multiple regions. It’s also worth reviewing regulations regularly, as they can change over time.

Staying on the right side of the law in email marketing is an ongoing process, and it’s never too late to start. 

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