Legal guide to Marketing & Spam

Each country has different regulations with regards to the sending of marketing materials and what constitutes spam and each country has steep penalties for not being in compliance. Please find which country you belong to, to better understand your responsibilities as an email marketer. 

EUROPE:

GDPR will affect every company that uses personal data from EU citizens. If you’re collecting email addresses and send email to subscribers in the EU, you’ll have to comply with GDPR—no matter where you’re based.

  1. Marketers are only allowed to send messages to people who’ve granted affirmative consent to receive messages
  2. Affirmative consent is defined as “freely given, specific, informed and unambiguous
    • Misleading signups, or inadequate explanation of what their data will be used for is considered ambiguous
  3. The signup process must inform subscribers about the brand that’s collecting the consent and provide information about the purposes of collecting personal data.
  4. Opt-out or unsubscribe options must be available to recipients in each message

European Commission's rules for the protection of personal data inside and outside the EU.

CANADA:

You cannot send commercial email messages (CEMs) by email, text message, social media or any other electronic form without the customer's consent.

The Canadian government has addressed email marketing privacy issues by passing Canadian Anti- Spam Legislation (CASL), which came into effect on July 1st, 2014. The act preserves the value of commercial messaging while minimizing the costs and inconveniences of spam or junk. The penalties of "spamming" are high and the definition of "spamming" is broad. It's up to you as the business owner to prove that you are in compliance with these regulations. 

CEM

A commercial electronic message is a message sent electronically that encourages people to participate in some form of commercial activity.

 

Your Message

Must Contain

(i) Who is sending the message.
(ii) A way to contact this person.
(iii) An unsubscribe mechanism.

If an issue arises under CASL, it’s your responsibility as the business owner to prove you had consent. This means you must have systems in place to store the permission you’re given. When obtaining consent, you must clearly and simply identify the purpose of the messages that the consumer is agreeing to receive. Also be sure to include your contact information and a short statement explaining that they can unsubscribe at any time. There are a variety of ways to get the required consent.

Consent

(i) Based on permission, or "opt-in".
(ii) Sender must prove consent.
(iii) Systems should be in place to keep that consent on record.

Providing a check box accompanied with the required information listed above is an efficient way to gather permission from visitors to your site. This box must be unchecked in its default state so that the consumer actively chooses to solicit the information. When there’s an existing business relationship between the sender and receiver of the CEM, expressed consent may not be required — although it’s always smart to gain consent and record it in case of any challenges. The Canadian Radio-Television and Telecommunications Commission (CRTC) has released regulations and bulletins providing advice and clarification on how to comply with the new law. These bulletins, as well as the government website, can help you stay up to date. Complying with this law will allow you to maximize your contact list as a means of marketing, while ensuring that your communications are legal.

UNITED STATES:

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not to use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honour opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

  • Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

To learn more about the CAN-SPAM act please click here.

Was this article helpful?
0 out of 0 found this helpful
Have more questions? Submit a request

Comments

0 comments

Article is closed for comments.