CAN-SPAM and GDPR in Email Marketing
CAN-SPAM and GDPR are two important regulations that govern email marketing. CAN-SPAM is a law in the United States, while GDPR is a regulation in the European Union.
Both regulations aim to protect consumers from spam and ensure that email marketers are transparent about their practices.
CAN-SPAM
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) is a law that was enacted in the United States in 2003. The CAN-SPAM Act sets forth a number of requirements for commercial email, including:
Emails must have a clear and concise subject line that accurately reflects the content of the email.
Emails must include the sender’s physical address and a return email address.
Emails must include an opt-out link that allows recipients to unsubscribe from future emails.
Emails must not be sent to addresses that have been marked as “do not spam.”
GDPR
The General Data Protection Regulation (GDPR) is a regulation in the European Union that was enacted in 2018. The GDPR sets forth a number of requirements for organizations that process the personal data of individuals in the European Union, including:
Organizations must obtain consent from individuals before collecting or using their personal data.
Organizations must provide individuals with access to their personal data and allow them to correct or delete it.
Organizations must take steps to protect the personal data of individuals from unauthorized access, use, or disclosure.
How do CAN-SPAM and GDPR apply to email marketing?
Both CAN-SPAM and GDPR apply to email marketing. However, there are some key differences between the two regulations.
For example, CAN-SPAM only applies to commercial email, while GDPR applies to all emails that contain personal data of individuals in the European Union.
Additionally, CAN-SPAM does not require organizations to obtain consent from individuals before sending them marketing emails, while GDPR does.
How can email marketers comply with CAN-SPAM and GDPR?
There are a number of things that email marketers can do to comply with CAN-SPAM and GDPR. These include:
Obtaining consent from individuals before sending them marketing emails.
Providing individuals with access to their personal data and allowing them to correct or delete it.
Taking steps to protect the personal data of individuals from unauthorized access, use, or disclosure.
Using clear and concise subject lines that accurately reflect the content of the email.
Including the sender’s physical address and a return email address in all emails.
Including an opt-out link in all emails.
Avoiding sending emails to addresses that have been marked as “do not spam.”
By following these guidelines, email marketers can help to ensure that they are complying with CAN-SPAM and GDPR and protecting the privacy of their subscribers.
CAN-SPAM and GDPR Conclusion
CAN-SPAM and GDPR are important regulations that govern email marketing. By understanding these regulations and complying with them, email marketers can help to protect the privacy of their subscribers and avoid legal penalties.
