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Email Marketing Laws & Rules: Your Guide to Staying Compliant in 2023

Nicola Scoon Dec 9, 2022 4:10:18 PM

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It’s easy to send an email, but it’s not so easy to get it right. Take your eye off the ball for one minute and you’ll end up with typos, the wrong images, and broken links and that’s even before you’ve considered one of the biggest mistakes of all — non-compliance. 

In this guide, we’ll take a look at email regulations and email unsubscribe laws. We’ll explore what these laws are, what they cover, and how to make sure your marketing emails are compliant. In short, we'll develop an email marketing rules book for you to use as needed.  

 

Email marketing regulations around the world 

The rules governing email marketing campaigns depend on the countries you serve. If you sell exclusively in the U.S., you will need to abide solely by American law. However, if your business serves other jurisdictions such as Canada and Europe, you’re going to have to go the extra mile and understand email marketing laws and regulations for those countries too.

Let’s take a closer look so that all your future campaigns result in compliant e-mails. 

 

Email marketing laws in the U.S.

The CAN-SPAM Act in the U.S. governs how businesses can act when sending promotional and commercial emails. CAN-SPAM stands for the Controlling the Assault of Non-Solicited Pornography and Marketing Act and is regulated by the Federal Trade Commission (FTC). 

The CAN-SPAM Act introduces requirements that promote honesty, transparency, choice, and responsibility. Following the law means that your email recipients have greater control over their inbox, can trust the messages you’re sending, and have the option to leave your list at any time. 

The California Consumer Privacy Act also has a section that deals with ccpa email marketing guidelines. It requires firms to maintain reasonable security procedures so all information collected is safely guarded in the event of a data breach.

 

CAN-SPAM act email marketing guidelines

Specifically, the CAN-SPAM act compels businesses to adhere to the following guidelines or run the risk of incurring a fine:

  1. Don’t use misleading or false header information (e.g. in the sender field)
  2. Don’t feature deceptive subject lines — they should reflect the content 
  3. Tell your email recipients if the message is an ad
  4. Share your address or location with your email recipients
  5. Let people know how they can unsubscribe and opt out of future emails
  6. Take care to honor these opt out requests promptly
  7. Ensure that any hired agency or company is complying on your behalf

Failure to follow these rules can land you with a CAN-SPAM fine of up to $43,792 per violation. This applies to each separate email, so it can be a costly adventure if you take a risky approach to sending commercial emails. 

 

 

Email marketing laws in Canada

In Canada, businesses are required to follow Canada’s Anti-Spam Legislation (CASL). This is largely similar to CAN-SPAM, but a notable difference is that you need consent to email. You can’t send unsolicited email to recipients. Consent can either be explicit or implied, but implied consent has an expiration date. If you’re relying on implied consent after a purchase, you have two years, while it’s just six months after an inquiry. You also need to display contact information in your emails, beyond the standard postal address. 

 

Email marketing laws in the UK

The Privacy and Electronic Communications Regulations (PECR) is the main email marketing law in the UK. The PECR is similar to both the CAN-SPAM Act and the CASL — businesses must share a valid address and are not allowed to conceal their identity. 

This doesn’t have to be explicit — you can use implied consent if someone has bought a similar product from you before and you’ve given them a way to opt-out at the point of collection and with every email since. 

Take special care when it comes to sending unsolicited emails or “cold emails” internationally. While this is acceptable in the US, in other locations including the UK and Europe sending cold emails to individuals isn’t permitted. 

 

Email marketing laws in the EU

The EU’s General Data Protection Regulation (GDPR) has specific tenets outlining how to collect, use, store, and transfer data. This can make collecting data for your email list more complicated. 

Instead of using a pre-filled checkbox or a generic statement, you instead need to have people opt-in to receive your email newsletter or promotional emails. There’s no specific requirement to use “double opt-in” to confirm consent, but it’s a useful way to demonstrate this. 

 

Email marketing laws in Australia

The Spam Act 2003 and Spam Regulations 2021 are the two main laws governing email marketing in Australia. Similar to the laws mentioned above, Australian rules also compel businesses to actively seek permission from users before sending any promotional emails. 

To be compliant with email marketing rules in Australia, you must:

  • Identify yourself as the sender
  • Contain your contact information
  • Make it easy to unsubscribe

Want to make sure you’re compliant? Keep reading for our tips on how to stay within the law for every rule above.

 

Enzuzo Data Privacy Platform

 

How to Comply With Email Laws and Regulations 

Each country mentioned in the section above has their own specific email marketing regulations, but they all largely overlap in key areas. Hence, if you follow the best practices listed below, you will be compliant when sending commercial and promotional emails:

 

1. Always get consent before adding users to your email list

Any attempt to deceive or swindle users is expressly forbidden under email marketing rules. You also can’t do things like scrape public databases and social media accounts to find emails, and then add those to your list. 

The definition of consent is broadly applied in two aspects. One is known as implied consent — this is when a customer makes a purchase on your site, or signs up to be a part of a community. You are allowed to send them commercial emails because they have engaged in an action that implies they are willing to do business with you.

The second definition of consent is called express consent — when users input their information via a pop-up form or a static lead gen form on your website. This is known as express consent because they know that they are signing up for marketing emails once they hand over these details, and are allowing the business to contact them at periodic intervals. 

 

 

This example of an email opt-in form from Wrike is an excellent way of how you can obtain express consent. 

 

2. Make it clear who the email is from

All the privacy laws we cover in this guide expressly state that your email messages must outline clearly who the sender is. Any attempt to obfuscate that information or to hide the sender information puts you at risk of non compliance.

This includes your “from”, “to”, and “reply-to” fields and also the routing information that accompanies your email. In simple terms, this rule is asking you not to hide who the sender is. 

Take a look at this example here from Adobe. it’s clear from both the “from” field and email address displayed that this is a genuine email from the company. 

 

 

Being transparent with your field names and the email address domains you use helps create trust between you and the recipient. They can use this information to confirm that you’re the real deal, and that they’re not being targeted by a fraudster. 

 

3. Don’t trick customers with a misleading subject line

We’ve all received those emails where the subject line feels like a trap once you’ve opened the email and read the contents. Not only are these dishonest subject lines a great way to alienate your audience, they’re also not allowed under email marketing laws. 

Your email subject line should accurately reflect the content of your email. It doesn’t have to explicitly outline what’s covered, but the two should match up. If you’re promoting a sale or product launch, mention that in your subject line so your recipient knows what to expect. 

Here’s a great example of a simple subject line from Storksak. The email introduces the latest seasonal collection, with an understated subject line that lets you know exactly what the email is celebrating. 

 

 

Using responsible subject lines is a great way to show respect for your recipients’ time. Instead of opting for a flashy or misleading title, keep it simple and let a combination of honesty and your brand personality take the lead. 

 

4. Be Clear That Your Email is an Ad

It’s crucial that you make it clear to your audience that your marketing email is an ad. This is left open to interpretation, as there’s no requirement for your wording to be explicit when it comes to this rule. Instead, use common sense and focus on being clear that this is a commercial rather than a transactional message. 

Let’s take a look at this example from clothing brand Monki. It’s clear from the graphics used right at the top of the email that this is a promotional email or ad, telling customers about the current sale. 

 

 

The goal with this rule is to distinguish between promotional and non-promotional emails. Your recipient should be able to quickly identify from the content whether this is an information or transaction-based message, or if it’s a sales opportunity for you. Keep this in mind as you craft your email copy and design supporting graphics. 

 

5. Share your location in the footer

The FTC states that you need to share your location with your email recipients in the form of a valid physical postal address. This is to aid transparency and make it easier for people to get in touch or make a report if they have concerns. 

Here’s a great example from Etsy. This email footer covers all bases and provides the recipient with the relevant business name and address details, no matter which location they’re based in. 

 

 

While the address must be physical and valid, it doesn’t have to be a street address. Under the CAN-SPAM Act, a post office box or private mailbox is an acceptable option. This is great news if you’re just starting up your eCommerce empire and don’t want your home address on the bottom of your emails. 

 

6. Offer a way to opt out of future email 

Just because your customers once gave you their email address, that doesn’t mean they’re in a lifelong commitment now. All the regulations state that you have to make it very easy for them to unsubscribe — in fact, the CAN-SPAM Act states that this should be “clear and conspicuous” and written in plain language, so it’s easy for anyone to understand how to take this action.

Let’s take a look at this in action from Fender. Beneath the social media buttons you’ll find a smart and clear footer area. Not only does this feature an obvious unsubscribe link, but links to contact information, terms of use, and their privacy policy too. This is a really effective way to show all the required details without adding clutter. 

 

 

Try to make the unsubscribe process as pain-free as possible for your recipients. At this point, they’ve already decided to unsubscribe — make the experience simple and warm instead of putting extra barriers in the way. Aim to make it just as easy to leave your list as it is to join it. 

 

7. Honor These Opt Out Requests 

You need to make sure that all unsubscribe requests are catered to promptly. While most email marketing tools will process unsubscribe requests as soon as they are received, the onus is still on you to make sure that it happens. 

Depending on the laws in your location, you could have anywhere from days to a whole month to do so — but in the US it’s 10 business days.

Not only that, but your system should be able to action these requests for a period of 30 days from when the email was sent. This gives people time to make a decision after they’ve read your email. 

 

8. Be Careful if Outsourcing the Work to Others

Outsourcing your email marketing can take some of the workload off your to-do list, but it can’t remove the legal responsibility from you. Even if you hire another agency or individual to run your email marketing campaigns, the responsibility to act within the law falls on both parties.

Be clear with any agency or company that you hire that they should be aware of email laws and regulations and follow them. Have someone on your team authorize emails before they go out too, as an extra opportunity to check for compliance. It’s your brand reputation and a potential fine on the line, so it’s a useful step to add to your process if you outsource your email marketing. 

 

Is it legal to buy an email list?

It’s legal to buy an email list from a software site or vendor but it is illegal to use that list for marketing and commercial purposes. That’s because the people in the email list have not given you express or implied permission to use their addresses — and any attempt to do so will mean you are in violation of email marketing laws and regulations.

 

Enzuzo Data Privacy Platform

 

Email Laws and Compliance: It’s All About Honesty

Email laws don’t exist to curb your creativity or put unnecessary pressure on your marketing team. Instead, they focus on honesty, transparency, and responsibility. Once you’re all clear on the main rules and how to comply with them, it’s simply a case of making these rules part of your overall approach to data privacy and compliance. 

Setting up systems or changing your approach takes time, but once you’re there it’s easier to manage and there’s less pressure on your team to get things right. For a better way to reduce privacy risk, try Enzuzo and complement your team’s knowledge with a specially designed tool to help you run things smoothly.

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