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2026-01-24 20:22:18 +00:00

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Email Compliance

Legal requirements for email by jurisdiction. Not legal advice—consult an attorney for your specific situation.

Quick Reference

Law Region Key Requirement Penalty
CAN-SPAM US Opt-out mechanism, physical address $53k/email
GDPR EU Explicit opt-in consent €20M or 4% revenue
CASL Canada Express/implied consent $10M CAD

CAN-SPAM (United States)

Requirements:

  • Accurate header info (From, To, Reply-To)
  • Non-deceptive subject lines
  • Physical mailing address in every email
  • Clear opt-out mechanism
  • Honor opt-out within 10 business days

Transactional emails: Can send without opt-in if related to a transaction and not promotional.

GDPR (European Union)

Requirements:

  • Explicit opt-in consent (not pre-checked boxes)
  • Consent must be freely given, specific, informed
  • Easy to withdraw consent (as easy as giving it)
  • Right to access data and deletion ("right to be forgotten")
  • Process unsubscribe immediately

Consent records: Document who, when, how, and what they consented to.

Transactional emails: Can send based on contract fulfillment or legitimate interest.

CASL (Canada)

Consent types:

  • Express consent: Explicit opt-in (preferred)
  • Implied consent: Existing business relationship (2 years) or inquiry (6 months)

Requirements:

  • Clear sender identification
  • Unsubscribe functional for 60 days after send
  • Process unsubscribe within 10 business days
  • Keep consent records 3 years after expiration

Other Regions

Region Law Key Points
Australia Spam Act 2003 Consent required, honor unsubscribe within 5 days
UK PECR + GDPR Same as GDPR
Brazil LGPD Similar to GDPR, explicit consent for marketing

Unsubscribe Requirements Summary

Law Timing Notes
CAN-SPAM 10 business days Must work 30 days after send
GDPR Immediately Must be as easy as opting in
CASL 10 business days Must work 60 days after send

Universal best practices: Prominent link, one-click when possible, no login required, free, confirm action.

Record:

  • Email address
  • Date/time of consent
  • Method (form, checkbox)
  • What they consented to
  • Source (which page/form)

Storage: Database with timestamps, audit trail of changes, link to user account.

Data Retention

Law Requirement
GDPR Keep only as long as necessary, delete when no longer needed
CASL Keep consent records 3 years after expiration

Best practice: Have clear retention policy, honor deletion requests promptly, review and clean regularly.

Privacy Policy Must Include

  • What data you collect
  • How you use data
  • Who you share data with
  • User rights (access, deletion)
  • How to contact about privacy

International Sending

Best practice: Follow the most restrictive requirements (usually GDPR) to ensure compliance across all regions.