Europe

"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 applies to all direct email marketing messages, including charitable and political messages.

Canada

"CASL – Canada’s Anti-Spam Legislation"

S.C. 2010, c. 2

CASL covers all commercial electronic messages, including those sent by non-profit organizations. A commercial electronic message is defined as one that has, as its purpose or one of its purposes, the encouragement of participation in a commercial activity.

United States

"CAN-SPAM Act"

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

The CAN-SPAM Act regulates commercial email messages whose primary purpose is advertising or promoting a commercial product or service.

Opt-In Requirements and Permission

• United States: No, the CAN-SPAM Act permits direct marketing emails to be sent to anyone without prior permission until the recipient explicitly requests to opt out.
• Europe:
  • Yes, direct marketing emails may be sent only to recipients who have provided prior consent (opt-in).
  • Prior permission is mandatory for business-to-consumer (B2C) communications involving natural persons.
  • For business-to-business (B2B) communications involving legal persons, EU member states may choose opt-out as the minimum requirement. However, some member states require opt-in for B2B communications as well.
• Canada: Yes, commercial electronic messages may be sent only with the recipient’s prior consent (opt-in), either express or, in some cases, implied.
• Existing Business Relationship: If contact information is obtained through a business relationship, prior consent is assumed as long as an opt-out mechanism is provided at the time of collection and in each subsequent message, provided the emails pertain to similar products or services from the same company.

Opt-Out Requirements and Unsubscribing

United States

• Yes, every message must include opt-out instructions.
• Subscribers cannot be required to pay a fee, provide information beyond their email address and opt-out preference, or take more than one step (such as sending a reply email or visiting a single webpage) to unsubscribe.
• The sender must honor opt-out requests within 10 days.

Europe

• Yes, all messages must include opt-out instructions.
• Sending direct marketing emails without a valid return address for opt-out requests is prohibited.

Existing Business Relationship

• If an email address is obtained during a sale, the business may use it for direct marketing of similar products or services.
• Customers must be given a clear, free, and simple opt-out option at the time of collection and with every subsequent message.

Canada

• Yes, all messages must include opt-out instructions.
• Opting out must be free and simple (e.g., a clearly visible unsubscribe link).
• The sender must honor opt-out requests promptly, no later than 10 business days after receipt.

Sender Identity and Message Labeling

United States

• False email header information, open relay abuses, email address harvesting, and misleading subject lines are prohibited.
• The message must clearly indicate that it is an advertisement or solicitation.

Europe

• Disguising or concealing the sender’s identity is prohibited.

Canada

• CASL prohibits spam, malware, spyware, address harvesting, unauthorized alteration of transmission data, and misleading electronic representations.
• The sender must identify itself and disclose the entity on whose behalf the message is sent.

Contact Information and Postal Address

United States

• Yes, a valid physical postal address is required.
• A post office box or private mailbox registered under USPS regulations is acceptable.

Europe

• Business emails must include the same disclosure information required for physical business letters.
• Mandatory details include:
• Full company name and legal form
• Place of registration
• Registration number
• Registered office address
• VAT number (if applicable)
• A valid return address

Canada

• Yes, a valid postal address where the sender can be reached must be included.
• If impractical to include in the email body, a clear and prominent link to a webpage containing this information is acceptable.

Checklist of Legal Requirements

Prior Permission

• Do I have prior explicit and verifiable permission (opt-in) from the recipient?

Message Content

1. Does the message clearly identify the sender?
2. Is the subject line accurate and not misleading?
3. Are opt-out instructions easy to follow?
4. Does the message include a valid postal address and company details?
5. Is a valid return address provided?

Compliance Testing

• Have I tested the subscription and unsubscription mechanisms?
• Have I reviewed test messages before sending?
• Have my colleagues conducted an additional review?
• Can I process responses and subscriber requests promptly?

Checklist of Email Marketing Best Practices

Subscription & Welcome Messages

• Obtain prior permission via a double opt-in mechanism.
• Send an automated, well-structured welcome email with key instructions and expectations.

Readability

• Test email design for readability, even when images are blocked.
• Include a plain text alternative for HTML emails.
• Keep subject lines concise (25 characters or fewer is recommended).

Deliverability

• Use email authentication.
• Verify SPF, Sender ID, DomainKeys, and DNS records.
• Scan emails to ensure they are not flagged as spam before sending.

Content Relevance

• Send relevant, expected, and engaging messages tailored to each recipient.

Unsubscribing

• Provide clear and simple opt-out instructions.
• Send an automated farewell message confirming unsubscription, requesting feedback, and thanking the recipient.