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Before diving into the nitty-gritty of data privacy and regulations, it’s important to understand which laws apply to you based on the location of your marketing efforts. Different regions have different rules, and compliance isn’t optional—it’s essential for protecting both your business and your audience.
Here are some of the most well-known regulations governing email marketing:
CAN-SPAM Act – USA
You can check the official links for each law to get an in-depth understanding of how they apply to your business. But for now, let’s break down the core principles so you can market ethically and legally.
Understanding CAN-SPAM (USA)
Let’s start with CAN-SPAM, which governs email marketing practices in the U.S. This law is designed to protect consumers from deceptive, spammy, and unwanted emails. Here are some of the key principles you need to follow:
1. No Misleading or False Information
Your emails must be honest and transparent - no bait-and-switch tactics.
Example:
🚫 Subject Line: “Hurry! 90% Discount Inside” → but inside, there’s only a 10% discount code.
✅ Instead: “Special 10% Off—Limited Time!”
2. A Valid Physical Address is Required
Every marketing email must include a valid physical address for your business. Why? Because it:
Shows that your business is legitimate and accountable.
Allows recipients to know exactly who is emailing them.
Helps comply with legal requirements in case of consumer complaints or disputes.
3. Emails Must Clearly Identify as Ads
Marketing emails must be transparent about their promotional intent. If you’re sending an advertisement, make it clear - don’t disguise it as a personal email.
4. Provide an Easy, Immediate Way to Unsubscribe
Nothing is worse than hunting for an unsubscribe button that’s either hidden in fine print or doesn’t work. CAN-SPAM requires that:
Unsubscribing must be clear, easy, and immediate.
You must honour unsubscribe requests within 10 business days.
You cannot charge a fee or make users take unnecessary steps to unsubscribe.
These aren’t suggestions - they’re legal requirements. So, always double-check your emails before hitting send!
Understanding GDPR (Europe)
If you’re marketing to European audiences, GDPR is the law you need to follow. This regulation is much stricter than CAN-SPAM and focuses on user data protection and privacy.
1. Transparency is Key
When collecting data, the person giving it must clearly understand:
✔️ What data is being collected.
✔️ How it will be used.
✔️ Why it’s needed.
If you’re collecting data for marketing, users must actively opt in—no pre-checked boxes or sneaky sign-ups allowed
2. Only Collect Essential Data
If you don’t need it, don’t collect it. Simple.
If you’re asking for more information than necessary, why? 🤔
Over-collecting data not only increases risk but also violates GDPR principles.
3. Keep Data Accurate and Up to Date
Holding outdated or incorrect data? Erase it.
GDPR requires businesses to:
Keep data up to date.
Allow users to edit or delete their information.
Delete data that is no longer necessary.
4. Store Data Securely
This one is obvious, but critical. Businesses are fully responsible for protecting user data. If there’s a breach or data loss, your company could face serious legal consequences.
Most email marketing platforms (like Klaviyo, Mailchimp, and HubSpot) store users' emails within their own system - but it’s still your responsibility to ensure data security. Using a trusted CRM can help prevent breaches and ensure compliance.
5. Data Can Only Be Kept for as Long as Necessary
You can’t hoard data forever. Under GDPR, businesses must:
Delete user data when it’s no longer needed.
Justify why they’re storing personal information.
Prove compliance with GDPR if requested.
If you’re holding onto contacts who haven’t engaged in years, it’s time to clean your email list.
Understanding CCPA (California Consumer Privacy Act)
If your business has customers in California, CCPA is the regulation you need to comply with. It grants California residents greater control over their personal data, similar to GDPR but with some key differences.
1. Right to Know
Consumers have the right to know what personal data is being collected and why.
2. Right to Delete
Consumers can request that businesses delete their personal information.
3. Right to Opt-Out of Data Sharing
Unlike GDPR (which requires opt-in consent), CCPA allows businesses to collect data by default - but users must have the option to opt out.
4. No Discrimination for Opting Out
Businesses cannot penalize users who choose to opt out of data collection.
You must have a clear privacy policy outlining data collection practices.
Users must have a simple way to opt out of data collection.
If a consumer requests their data be deleted, you must comply.
Understanding CASL (Canada’s Anti-Spam Legislation)
CASL is one of the strictest anti-spam laws in the world. If you send emails to Canadian residents, you need to follow these rules.
1. Express Consent is Required
Unlike CAN-SPAM (which allows opt-out marketing), CASL requires explicit opt-in consent before sending commercial emails.
No pre-checked boxes.
No auto-enrollment.
2. Identification & Contact Information
Every email must clearly state:
✔️ Who is sending it.
✔️ How to contact them.
✔️ A working unsubscribe link.
3. Unsubscribe Mechanism Must Work Immediately
No delays. No additional confirmation pages. If someone clicks "Unsubscribe," they must be removed immediately.
4. Keep Proof of Consent
Businesses must keep records proving that a user consented to receive emails.
Graymail: When Contacts Stop Engaging with Your Emails
Even if your emails aren’t spam, some recipients will stop engaging with them over time. This is called Graymail - emails that aren’t technically spam, but aren’t wanted either.
Signs of Graymail
📌 A contact hasn’t opened your emails in several months.
📌 They used to engage with your content, but have stopped.
📌 Your open rates and click-through rates are dropping.
Ignoring graymail can hurt your sender reputation and make ISPs think your emails are unwanted, leading to more emails going to spam.
How to Handle Graymail
Stop sending emails to inactive contacts
If someone hasn’t engaged in 6+ months, stop sending them marketing emails.
Send a re-engagement email
Subject: “Still interested? We’d love to hear from you!”
Ask them to confirm if they want to keep receiving emails.
If they don’t respond, remove them from your active list.
Implement a Sunset Policy
A Sunset Policy is a set of rules for when to stop emailing inactive subscribers.
Example: If someone hasn’t engaged in 12 months, they’re automatically unsubscribed.
Helps keep email lists healthy and improves deliverability.
Data privacy isn’t just a legal requirement—it’s a way to respect your audience and build trust. Regulations like CAN-SPAM and GDPR exist to protect consumers from spam, deceptive marketing, and data misuse.
And remember, sending emails to people who don’t engage (graymail) hurts your sender reputation. A clean email list is a healthy email list—so focus on quality, not quantity.
🔹 If you collect data, do it responsibly.
🔹 If you send emails, do it ethically.
🔹 If you store data, protect it.Following these regulations will help you maintain trust, improve deliverability, and ensure long-term success in your email marketing efforts.
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