Email compliance is a legal requirement, not a suggestion. Violations can result in significant fines, legal action, and damage to your reputation. But compliance is not just about avoiding penalties - it is about respecting recipients and building trust.
This guide covers the major email regulations, what they require, and how to build compliance into your email program.
CAN-SPAM Act (United States)
Overview
The CAN-SPAM Act of 2003 establishes rules for commercial email in the United States. It applies to any commercial message promoting a product or service, not just bulk email. Violations can result in penalties up to $50,120 per email.
Key Requirements
Accurate Header Information
The From, To, and Reply-To fields must accurately identify the person or business sending the message. Routing information must be accurate. You cannot use false or misleading header information.
Non-Deceptive Subject Lines
Subject lines must accurately reflect the content of the message. You cannot use deceptive subject lines to trick recipients into opening emails.
Identify as Advertisement
Commercial emails must be clearly identifiable as advertisements. There is flexibility in how to do this, but the commercial nature must be clear.
Physical Address
Every commercial email must include a valid physical postal address. This can be a street address, PO Box registered with the USPS, or private mailbox registered with a commercial mail receiving agency.
Opt-Out Mechanism
Every commercial email must include a clear, conspicuous way to opt out of future email. The opt-out mechanism must work for at least 30 days after sending. Opt-out requests must be honored within 10 business days. You cannot charge a fee, require information beyond an email address, or require visiting more than a single page to unsubscribe.
Monitor Third Parties
If you hire another company to handle email marketing, you cannot contract away your legal responsibility. Both the company whose product is promoted and the company that sends the message can be held liable.
Transactional Email Exemption
Transactional emails that facilitate an agreed-upon transaction or update a customer about an ongoing transaction are exempt from most CAN-SPAM requirements. However, they still cannot contain false or misleading routing information or deceptive subject lines. If an email contains both transactional and promotional content, the primary purpose determines classification.
GDPR (European Union)
Overview
The General Data Protection Regulation applies to processing personal data of EU residents, regardless of where your business is located. Fines can reach 20 million euros or 4% of global annual revenue, whichever is higher.
Lawful Basis for Processing
To send email, you need a lawful basis for processing personal data. For marketing email, this is typically consent - freely given, specific, informed, and unambiguous. For transactional email, legitimate interests or contract performance may apply, but you must document your basis.
Consent Requirements
Freely Given
Consent cannot be a condition of service unless necessary for that service. No pre-ticked boxes. No bundled consent for unrelated purposes.
Specific
Consent must be specific to the type of communication. Separate consent for different purposes. Clear about what they are consenting to.
Informed
Recipients must know who is collecting data, what it will be used for, how to withdraw consent, and any third parties who will receive data.
Unambiguous
Consent requires a clear affirmative action. Silence or inactivity is not consent. Pre-ticked boxes are not valid consent.
Data Subject Rights
Recipients have the right to access their data, have inaccurate data corrected, have their data erased, restrict processing of their data, data portability, and object to processing. You must have processes to handle these requests.
Record Keeping
Document when, how, and what consent was given. Keep records of processing activities. Be able to demonstrate compliance.
CASL (Canada)
Overview
Canada's Anti-Spam Legislation is one of the strictest in the world. It requires express consent for commercial electronic messages. Penalties can reach $10 million CAD per violation.
Key Requirements
Express consent required before sending. Consent must be opt-in, not opt-out. Clear identification of sender. Functional unsubscribe mechanism. Physical mailing address. Honor unsubscribes within 10 business days.
Implied Consent
Implied consent exists in limited circumstances including existing business relationship within 2 years, existing inquiry within 6 months, and conspicuously published addresses with no refusal statement. Implied consent has time limits - express consent is safer.
Other Regulations
PECR (UK)
The Privacy and Electronic Communications Regulations complement UK GDPR with specific rules for electronic marketing, requiring consent for marketing emails with some soft opt-in exceptions.
Australia Spam Act
Requires consent, identification, and functional unsubscribe. Consent can be express or inferred from conduct. Penalties up to $2.1 million AUD per day.
LGPD (Brazil)
Brazil's General Data Protection Law is similar to GDPR with consent requirements, data subject rights, and significant penalties.
Compliance Best Practices
Build Consent Collection Right
Use clear, specific opt-in language. Separate consent for different email types. No pre-ticked boxes. Document consent with timestamp, IP, and what they agreed to.
Make Unsubscribe Easy
One-click unsubscribe in every email. Prominently placed, not hidden. Works immediately. No login required. Respect unsubscribes quickly.
Maintain Clean Data
Regular list hygiene. Remove bounces and complainers. Honor preferences. Keep records of consent and processing.
Know Your Recipients
Segment by geography when regulations differ. Apply strictest applicable standard. When in doubt, get express consent.
Review Regularly
Audit compliance periodically. Update processes as regulations change. Train team members on requirements. Document everything.
Transactional Email Considerations
Generally Exempt
Transactional emails facilitating agreed transactions are generally exempt from consent requirements. This includes order confirmations, shipping notifications, password resets, account alerts, and service notifications.
Keep It Transactional
Do not add excessive promotional content to transactional emails. The primary purpose must be transactional. Marketing content should be secondary and limited.
Still Need Basics
Even transactional email should include clear identification of sender, accurate subject lines, and physical address in most jurisdictions.
Conclusion
Email compliance protects both your recipients and your business. Build compliance into your processes from the start rather than retrofitting later. When regulations conflict, apply the strictest applicable standard.
The effort invested in compliance pays off in recipient trust, sender reputation, and avoiding costly penalties.
GetMailer includes compliance features like one-click unsubscribe, suppression list management, and consent tracking. We help you meet regulatory requirements without manual overhead.