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Are you violating the anti-spam laws in your email marketing campaigns? The last thing you want is to find yourself on the wrong side of law out of pure ignorance. They say that ignorance has no defense. As such, it is up to you to make sure that you are as knowledgeable as possible when it comes to the anti-spam laws that govern email marketing in different parts of the world.
Besides ensuring compliance and avoiding legal problems, observing anti-spam laws significantly boosts the success of your email marketing because you do not end up being a bore to your subscribers.
Several different laws have been put in place to guide the use of commercial email marketing. In the United States of America, you get the CAN-SPAM act. If you wish to ensure compliance in Canada, you are guided by CASL Laws. On the other hand, email marketers in the United Kingdom are governed by a set of laws referred to as the PECR (Privacy and Electronic Communications Regulations of 2003). All these regulations provide the conditions that must be met by email marketers.
Instead of giving separate and detailed information on the anti-spam laws of different countries, this article highlights things that email marketers should follow to ensure compliance with all the global anti-spam laws. They include:
Don't email your list without permission
The majority of anti-spam laws require that people permit you to send them emails either implied or express consent. Implied consent is when you have an existing business relationship with the individual. It could be a current customer, those who donate to your charity, or people who are active members of your online community, club or website.
For example, according to Website Builder Website, under GDPR regulations, businesses are required to secure explicit consent for sending marketing emails. This means that individuals receiving marketing emails must provide clear and separate consent to receive them, without it being hidden within other terms and conditions. Additionally, under the Spam Act 2003, inferred consent for sending marketing emails can be assumed in two specific situations.
On the other hand, express permission is said to exist when someone has explicitly allowed you to send them email campaigns. In many instances, such individuals complete a subscribe form available on your website or provide their details via the in-store newsletter subscribe form.
The header information must not be misleading
Header information is the extra details sent together with your email campaign such as the subject line, reply to address and name. Anti-spam laws dictate that you avoid the use of incorrect information in such fields with the motive of tricking people into reading your emails. Use the correct name, so the reader knows exactly who the email is from. The subject line should be an accurate reflection of the content of the email campaign. By all means, do not mislead your subscribers.
A way out of subscription
You will be violating the anti-spam laws if you fail to avail a way of opting out of the subscription. Subscribers should not be made to feel like they must remain in your list even when they want to opt out. An opt-out button should be conspicuously placed on your email template. This option should be easy for an ordinary person to locate and utilize. Further, email marketers must honor opt-out requests as soon as possible. For instance, CAN-SPAM laws stipulate that an email marketer should remove a subscriber from his/her list within ten days of receiving the application.
Also, Campaign Monitor emphasizes that, in strict adherence to the General Data Protection Regulation (GDPR), businesses are obligated to not only make it exceptionally easy for recipients to opt out of their marketing emails but also to provide clear and transparent instructions, ensuring a seamless and user-friendly experience for individuals who wish to unsubscribe.
Address
In many countries, laws governing email marketing require that marketers include a valid postal address for their businesses in all the email campaigns they send out. It could be a postbox address or street address and other applicable types of addresses.
Sarah Stiffin underscores that, for individuals or businesses in the UK, compliance with email marketing regulations is governed by the UK Companies Act and the Privacy & Electronic Communications Regulations. It also requires the inclusion physical address in marketing emails. Non-compliance with these laws can result in legal consequences, including the possibility of facing a fine of up to £5,000 in a Magistrates Court, or even more severe penalties of up to £500,000 if the case is escalated to the Crown Court.
The above are just some of the standard anti-spam laws available. Familiarize yourself with the email marketing laws of the countries you wish to send out your email campaigns to ensure full compliance.