Email marketing is a very powerful way of reaching one’s prospects and customers. In fact, no business transaction can effectively begin without first establishing contact with targeted customers and prospects. However, the legal bounds are still there to ensure that penalties or losses of reputation for non-compliance do not arise. This article will outline the important areas of legal compliance in email marketing, with detailed consideration given to the General Data Protection Regulation and the CAN-SPAM Act.
GDPR Compliance
The GDPR is a European Union regulation applicable to any business that processes personal data of EU residents. Key requirements for email marketing under the GDPR include:
Explicit Consent:
Firms must obtain explicit, informed consent from individuals before they send them marketing emails; in other words, it means folks must clearly agree to get emails and know what those emails are supposed to be for.
Data Processing Record: Data controllers have to maintain records with respect to the processing within their organizations. Such records shall USA Hotel Email List contain but are not limited to the following: purpose of processing, description of categories of data subjects and of categories of personal data, description of categories of recipients to whom the personal data have been or will be disclosed, and so on.
Data Subject Rights: These include rights to access, rectify, erase, restrict, object to, and port, among others. These shall be applied whenever personal data is processed for electronic marketing purposes.
Data Breach: In the case of data breach, businesses are required to notify the relevant supervisory authority and concerned individuals without undue delay
Compliance with CAN SPAM ACT
CAN-SPAM Act is a federal law in United States which prescribes rules applicable to commercial emails. Some of the major requirements related to email marketing through the CAN SPAM Act has been mentioned below:
Identification:
Emails should identify the sender clearly and must provide a physical postal address.
Opt-out: Messages must include a clear and conspicuous opt-out mechanism for the recipients to remove themselves from future messages. False or Portugal Email Address Misleading Content: Messages cannot be false or misleading. This includes, but is not limited to, false or misleading subject lines. Header Information: Messages must contain accurate header information. This includes but is not limited to the sender’s email address and date and time the email message was sent.
Other Law Compliance:
Emails must also be in compliance with other applicable laws, like the FTC Act and the Telephone Consumer Protection Act.
Additional Considerations
Industry-Specific Regulations: There are industries, like healthcare and finance where email marketing may also fall under additional legal requirements.
International Laws:
If you are targeting customers in countries outside of the EU or the U.S., then you may need to comply with local data protection laws.
Other best practices include double opt-in, list segmentation, and creating content value. By knowing what is legally needed and adhering to those needs when marketing via email, you also protect your business from legal risks and establish trust with your customers.
