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Email Marketing by the Numbers: How to Use the World’s Greatest Marketing Tool to Take Any Organization to the Next Level by Ali Sales, Chris Baggott

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Deliverability Factor: Legal Compliance and Unsubscribe Request Management

In order to curb spamming, country-specific legal measures have been enacted across the globe. While legal compliance varies by country, audience (Business-to-Business or Business-to-Consumer) and purpose of communication, the best policy is to ensure explicit opt-in is in place before you send email. Below, you’ll find summaries of relevant country or region-specific spam laws for your email communications.

Note: We recommend that you contact your own legal counsel to best interpret how these laws may apply to your organization.

United States CAN-SPAM Act, Enacted: January 1, 2004

  • All commercial messages must include a functioning unsubscribe mechanism.

  • All unsubscribe requests must be honored within 10 days of initial request.

  • All commercial messages must include the physical mailing address of the sender.

  • Unsolicited commercial messages must include a notice of advertisement in the body of the email.

  • Criminal charges included for fraudulent sender or deceptive subject lines.

European Union E-Privacy Directive, Enacted: December 11, 2003

  • No direct emails are allowed which “conceal or disguise the identity of the sender and which do not include a valid address to which recipients can send a request to cease such messages.”

  • No marketing emails to natural persons (e.g., consumers) “unless the prior consent of the addressee has been obtained (opt-in system).” An exception is where the email address was obtained ...

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