Global Email Marketing & Law

Global Email Marketing Laws: A Quick Recap

Email marketers are required to comply with many different email marketing laws. This can be overwhelming and even inevitable to forget some of them.

Which law or regulation is applicable to which country when it concerns email marketing? To make it easier to find these email marketing laws back, you can find here a brief overview of a selection of email marketing laws with a link to the concerning legal texts. This way you can easily refer to them the next time you need them.

After all, following best email marketing practices and ensuring compliance with email marketing laws goes hand in hand and leads to promising email campaign performance and deliverability. And what’s more important than sending worry-free emails right into the inbox?

European Union

  • General Data Protection Regulation(GDPR)
  • Directive on Privacy and Electronic Communications (2002/58/EC) (ePrivacy Directive)
  • The Proposed Regulation on Privacy and Electronic Communications (2017/003(COD)) (Draft ePrivacy Regulation) which would replace the ePrivacy Directive is under consideration.

The United Kingdom

  • Privacy and Electronic Communications Regulations 2003 (PECR) Data Protection Act 2018

USA

  • Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003(CAN-SPAM Act)
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act 2003 Rule (CAN-SPAM Rule)
  • California Consumer Privacy Act of 2018 (CCPA)

Canada

  • Canada’s Anti-Spam Legislation, SC 2010 c 23 (CASL)
  • Personal Information Protection and Electronic Documents Act, SC 2000 c 5 (PIPEDA)

Australia

  • Spam Act 2003
  • Spam Regulations 2021 – The Spam Regulations 2021 supersede the
  • SpamRegulations 2004 but are still applicable to emails sent before 1 April 2021;
  • Privacy Act 1988 (No. 119, 1988)

Brazil

  • Brazil’s Lei Geral de Proteção de Dados Pessoais (LGPD)

And don’t forget, even if the laws might seem like they are there to make your life difficult, spam filters take them into consideration. Therefore being compliant not only helps you remain worry-free, keeps you and your subscribers safe, it helps you inbox better.

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