Email Compliance: GDPR, CAN-SPAM, and More

Email marketing is one of the most effective ways to connect with your audience but there are strict rules and responsibilities to adhere to. Due to prevalent abuse, authorities have created privacy rules that protect people and ensure businesses act transparently every time. 

Let’s walk through the key regulations you need to know, how GDPR and email fit into the picture, and what best practices you should follow email compliance. 

What Is Email Compliance?

Email compliance means following the legal and ethical rules that govern how you collect, store, and use subscriber data. It covers everything from how you get permission (consent) to how you handle opt-outs, privacy notices, and personal information.

The key regulations you need to know are outlined below;

GDPR (General Data Protection Regulation)

GDPR is one of the strictest data protection laws in the world however it only applies to businesses and individuals in the EU/EEA region. The email compliance rule under GDPR is quite robust. GDPR email marketing rules demands that:

• Consent must be explicit. No pre-checked boxes or vague opt-ins. This is what’s often called GDPR email consent.
• Right to be forgotten/data deletion. Subscribers can request that you delete their personal data for your system and forget them. This is usually after a certain amount of time. 
• Transparency. You must be clear on how you’ll use the recipient's data, and this must be explained in detail to the recipient. 
• Easy opt-out. Every email must have a clear unsubscribe option.
  
  

CAN-SPAM 

In the U.S., it's the CAN-SPAM Act that sets the rules of how companies, individuals and businesses send commercial emails and must behave with data privacy. Although it doesn’t require prior consent like GDPR, it does demand that for email compliance:

• You do not use false or misleading header information. 
• Subject lines must be honest and match the content.
• You should include a physical mailing address in every email.
• A functioning unsubscribe link that works within 10 business days.

CASL

The CASL law is the prevailing regulations in Canada and by comparison, it is closer to GDPR in strictness. The CASL law requires either express or implied consent to send commercial emails. Every message must identify the sender, include a contact method, and offer a clear unsubscribe link.

Why Compliance Is Important 

Email providers want to see that your list is clean, built on consent and that you respect opt-out, are consistent and transparent. 

Adhering to email compliance rules directly impacts deliverability because these rules - email marketing and GDPR, CASL, or CAN-SPAM, protects your reputation and gets more of your emails to the inbox.

Privacy Considerations You Shouldn’t Ignore

While regulations are the baseline, privacy is the principle that guides them. Here are best practices to adopt:

• Be transparent about data use. If you track clicks or opens, let the subscriber know. Transparency is always key. 
• Don’t collect more data than you need.
• Offer preference centers so subscribers can choose what kind of emails they want.
• Regularly audit your processes. Make sure unsubscribes are clear and honored promptly.

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