Europe
“EU Opt-In Directive”
Directive 2002/58/EC (specifies minimum legislation for member states)
Directive 2003/58/EC (amending Council Directive 68/151/EEC)
The EU Opt-In Directive covers all direct email marketing messages, including charitable and political messages.
Canada
“CASL – Canada’s Anti-Spam Legislation”
S.C. 2010, c. 2
CASL covers all commercial electronic messages, including those sent by non-profit organizations. It defines commercial electronic messages as those that encourage participation in a commercial activity, whether as the main purpose or one of the purposes.
United States
“CAN-SPAM Act”
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
The CAN-SPAM Act applies to commercial email messages that primarily advertise or promote a commercial product or service.
Opt-In Requirements and Permission
United States
No, the CAN-SPAM Act allows businesses to send direct marketing emails without prior permission. However, recipients must have the option to opt out, and senders must respect that request.
Europe
Yes, businesses must send direct marketing emails only to recipients who have given prior consent (opt-in). This rule applies to business-to-consumer (B2C) communication involving all “natural persons.”
For business-to-business (B2B) communication involving “legal persons,” EU member states may allow opt-out as the minimum requirement. However, some national laws may still require opt-in.
Existing Business Relationship
If a business obtains contact information during a transaction, it may treat this as prior consent. However, it must provide an opt-out option at the time of collection and in every message. Additionally, the messages must relate to similar products or services from the same company.
Canada
Yes, businesses must obtain prior consent (opt-in) before sending commercial electronic messages. This consent may be express or, in certain cases, implied.
Existing Business Relationship
When a business or non-business relationship exists, implied consent remains valid for 36 months, starting July 1, 2014.
However, certain exceptions apply. These include messages from political parties, charities, family members, personal relationships, or communications within or between organizations.
Opt-Out Requirements and Unsubscribing
United States
Yes, every message must include clear opt-out instructions. Subscribers should not pay any fee, provide extra information beyond their email, or take unnecessary steps. Instead, they should simply reply or visit a single webpage to unsubscribe.
Moreover, senders must process opt-out requests within 10 days.
Europe
Yes, every message must include opt-out instructions. Businesses must provide a valid address where recipients can send requests to stop communications.
Existing Business Relationship
When a business collects an email during a sale, it may use it for marketing similar products or services. However, it must clearly offer customers a free and easy way to opt out at the time of collection and in every message.
Canada
Yes, every message must include an easy and free opt-out mechanism. For example, an unsubscribe link should appear clearly and prominently in the email.
Furthermore, senders must process opt-out requests without delay and no later than 10 business days after receiving them.
Sender Identity and Message Labelling
United States
The CAN-SPAM Act prohibits false header information, open relay abuse, address harvesting, and other fraudulent practices. Additionally, subject lines must accurately reflect the content of the message.
Businesses must clearly identify messages as advertisements or solicitations.
Europe
Businesses must not disguise or conceal the identity of the sender. Instead, they must clearly show who sends the communication.
Canada
CASL prohibits spam, malware, spyware, address harvesting, and misleading electronic representations. Moreover, senders must clearly identify themselves and any organization on whose behalf they send the message.
Contact Information and Postal Address
United States
Yes, every commercial email must include a valid physical postal address. This can be a registered post office box or a private mailbox that complies with postal regulations.
Europe
Yes, businesses must include the same details in emails as in physical business letters. Therefore, companies operating in the EU must provide:
- Full company name and legal form
- Place of registration
- Registration number
- Registered office address
- VAT number
- A valid return address
Canada
Yes, businesses must include a valid postal address where recipients can contact them. If including it in the message is not practical, they may provide a clear and prominent link to a webpage containing this information.
Checklist of Legal Requirements
- Do I have prior explicit and verifiable permission (opt-in) from the recipient?
- Does the message include:
- Clear and accurate sender identity?
- An accurate subject line?
- Clear and easy opt-out instructions?
- A physical postal address and company details?
- A valid return address?
- Have I tested the subscription and unsubscription mechanisms?
- Have I reviewed test messages carefully, and did my colleagues review them too?
- Can I process replies and subscriber requests promptly?
Checklist of Email Marketing Best Practices
Permission and Onboarding
Use a double opt-in subscription process. Then, send an automated and well-structured welcome message that sets clear expectations.
Test Readability
Check HTML design and readability. Ensure emails work even when images are blocked. Also, include a plain text version.
Keep subject lines short and clear, ideally within 25 characters for better visibility.
Test Deliverability
Use authentication methods such as SPF, Sender ID, DomainKeys, and DNS records to verify the sender.
Additionally, scan emails with spam filters before sending to avoid delivery issues.
Content Quality and Engagement
Provide relevant, expected, and valuable content to each recipient. This increases engagement and trust.
Unsubscribe Experience
Clearly explain how subscribers can opt out. Then, send a thoughtful farewell message. This confirms the action, allows feedback, and thanks the subscriber.
