Terms of Use & Anti-spam Requirements in North America and Europe

Europe – EU Opt-In Directive

“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)

“CASL – Canada’s Anti-Spam Legislation”
S.C. 2010, c. 2

CASL covers all commercial electronic messages, including those sent by non-profit organizations. In addition, it defines commercial electronic messages as messages that have, or partly have, the purpose of encouraging participation in a commercial activity.

United States – CAN-SPAM Act

“CAN-SPAM Act”
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

The CAN-SPAM Act covers commercial email messages whose primary purpose is advertisement or promotion of a commercial product or service.

Opt-In Requirements and Permission

The CAN-SPAM Act does not require prior permission. Instead, it allows marketers to send direct marketing emails to anyone until the recipient explicitly requests them to stop (opt-out).

Europe

Europe requires prior consent (opt-in) before sending direct marketing emails. This rule applies to all “natural persons” in business-to-consumer (B2C) communication.

However, for business-to-business (B2B) communication, EU member states may allow opt-out rules. Still, some countries may still require opt-in for B2B emails.

Existing Business Relationship (Europe)

A business relationship exists when a company collects contact information. In such cases, prior consent applies only if:

• The sender provides a clear opt-out option at the time of collection
• The sender continues to provide opt-out in every message
• The message relates to similar products or services

Canada

Canada requires opt-in consent for commercial emails. It allows express or implied consent in certain cases.

Existing Business Relationship

When an existing business or non-business relationship exists, the recipient’s implied consent applies for 36 months starting July 1, 2014.

However, certain exceptions apply. These include messages from political parties, charities, family members, personal relationships, and internal organizations.

Opt-Out Requirements and Unsubscribing

United States

Every email must include opt-out instructions. In addition, senders must ensure subscribers can unsubscribe without paying any fee or completing unnecessary steps.

Typically, users can opt out by:

• Sending a reply email, or
• Clicking a single unsubscribe link

Moreover, the sender must process opt-out requests within 10 days.

Europe

Every email must include clear opt-out instructions. Furthermore, sending marketing emails without providing a valid unsubscribe option is prohibited.

Existing Business Relationship

When a company collects an email during a sale, it may use the address for marketing similar products. However, it must:

• Clearly inform the customer
• Provide a free and easy opt-out option
• Respect opt-out requests in every message

Canada

Every email must include opt-out instructions. In addition, subscribers must be able to unsubscribe easily and free of charge.

Typically, users unsubscribe by clicking a clearly visible link.

The sender must process opt-out requests without delay and no later than 10 business days.

Sender Identity and Message Labelling

United States

The CAN-SPAM Act prohibits false or misleading information. It also prevents:

• False header details
• Misleading subject lines
• Fraudulent sending practices

In addition, marketers must clearly label emails as advertisements or promotions.

Europe

Europe prohibits hiding or disguising sender identity. Therefore, every email must clearly show who sends it.

Canada

CASL strictly prohibits spam and misleading practices. It also bans:

• Malware or spyware distribution
• Address harvesting
• False electronic representations

Moreover, the sender must clearly identify both itself and any organization it represents.

Contact Information and Postal Address

United States

Every commercial email must include a valid physical postal address. This may include a registered post office box or private mailbox under USPS regulations.

Europe

Companies operating in the EU must include full business details in every email. These include:

• Company name and legal form
• Place of registration
• Registration number
• Registered office address
• VAT number

In addition, companies must always provide a valid return address.

Canada

Every sender must provide a valid postal address. If including it in the email body is not practical, the sender may provide a clear link to a web page containing this information.

Checklist of Legal Requirements

Before sending emails, always verify the following:

• You have obtained prior explicit and verifiable opt-in permission
• You clearly identify the sender
• You provide an accurate subject line
• You include clear opt-out instructions
• You provide a physical postal address and company details
• You include a valid return address

Additionally, always test your subscription and unsubscription systems. Also ensure that your team reviews test messages before sending.

Finally, confirm that you can process subscriber requests quickly.

Checklist of Email Marketing Best Practices

Subscription Best Practices

First, obtain prior permission using a double opt-in system. Then send a clear and helpful welcome message that sets expectations.

Readability and Design

Next, test the email design carefully. Ensure it works even when images are blocked. Also include a plain text version.

In addition, keep subject lines short and clear because most clients display only 25 characters.

Deliverability

Furthermore, use email authentication methods such as SPF, Sender ID, DomainKeys, and DNS verification.

Also, scan emails before sending to reduce the risk of spam filtering.

Content Quality

Finally, send only relevant and valuable content. Always ensure that subscribers receive useful and expected messages.

Unsubscribe Experience

In addition, provide a clear opt-out method in every email. After unsubscribing, send a confirmation or farewell message.

This approach improves trust and also provides an opportunity to collect feedback.