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If you look back, you will see that something new is added every year. And as technology advances, privacy measures also increase. Big tech companies like Apple, Google, and Yahoo are continually adapting to better protect their users. For example, Apple's introduction of Mail Privacy Protection (MPP) marked a major shift toward a more privacy-focused approach that emphasized user control – a change that email marketers had to evolve with.
Understand basic email privacy laws
What privacy laws should all email marketers know and understand? Let's take a closer look at four current laws.
Unsolicited Pornography and Marketing Attack Control Act (CAN-SPAM).
The CAN-SPAM Act is a United States federal law designed to combat spam. The Federal Trade Commission (FTC) defines it as:
A law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop sending them email, and imposes tough penalties for violations.
CAN-SPAM requires companies and brands to:
- Contain A working unsubscribe link in every marketing email sent
- Please consider opt-out requests within 10 working days
- Include theirs Postal address in every email they send
- Never use misleading or misleading sender names, subject lines, or Email copy
- Never try hide their identity or the fact that they are sending advertising
Canadian Anti-Spam Legislation (CASL)
Another anti-spam law is CASL. It is enforced in Canada and is considered one of the strictest anti-spam laws in the world. The law sets out clear requirements for sending a marketing email – also known as a commercial electronic message (CEM).
The Office of the Privacy Commissioner of Canada defines it as:
A federal law designed to address spam and other electronic threats. It is designed to protect Canadians while ensuring that companies can continue to compete in the global marketplace.
The Canadian Radio-television and Telecommunications Commission (CRTC) shares three general requirements for sending a commercial electronic message (CEM):
- Obtain consent
- Provide identifying information
- Provide an opt-out mechanism
General Data Protection Regulation (GDPR)
Now about data protection laws. These determine how a person's data should be collected, stored and passed on to third parties.
In 2018 GDPR– the European Union Data Protection Act – came into force. (And post-Brexit, the UK introduced its own British GDPR.)
To keep email consent compliant with the EU and UK GDPR. You should:
- Offer the option to unsubscribe in every email
- Obtain consent through a positive opt-in (no pre-checked boxes)
- Keep consent requests separate from other terms and conditions
- Make it easy for people to withdraw their consent
- Keep records of who consented, when and how
- Review your consent practices and existing opt-ins
California Consumer Privacy Act (CCPA)
In 2018, California passed this CCPAwhich came into force in 2020.
According to the California Department of JusticeThe CCPA was introduced to give consumers more control over the personal information that companies collect about them.
This law ensures privacy rights for California consumers:
- The right to know about the personal information a company collects about you and how it is used and shared
- The right to deletion personal information collected from you (with some exceptions)
- The right to opt-out the sale of your personal information
- The right to non-discrimination for exercising their CCPA rights
Disclaimer: This blog post provides a general overview of CAN-SPAM, CASL, GDPR and CCPA, but is not intended as legal advice and should not be construed as such. Please contact your attorney if you have any questions about email marketing regulations or specific legal issues.
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