Email Laws Basics: CAN-SPAM, GDPR and Consent
Email marketing is regulated in most countries. This is a general overview, not legal advice. Rules differ by location and change over time, so check the official sources for where you and your subscribers live.
CAN-SPAM (United States)
The US CAN-SPAM Act sets rules for commercial email. The main requirements include:
- Do not use false or misleading sender information or subject lines.
- Make clear the message is an advertisement, where that applies.
- Include a valid physical postal address.
- Give a clear way to opt out, and honour opt-out requests promptly.
GDPR and similar laws (EU and UK)
European and UK data protection laws focus on consent and personal data. In general, you need a lawful basis to email people for marketing, and consent is the most common one. Keep records of how and when people signed up, explain what you will send, and make it as easy to withdraw consent as to give it.
Other countries
Canada, Australia and many other countries have their own rules, often requiring consent before you send. If your list is international, follow the strictest rules that apply.
What every marketing email should have
- An honest sender name and subject line.
- Your postal address.
- A working unsubscribe link.
- A reason the person is receiving it, such as "You signed up at our website".
How our tools help
The newsletter builder has a Footer block with an option to add an unsubscribe link, and Export for platform converts it to your platform's own tag. You are still responsible for the content of your emails and for following the laws that apply to you.
Where to check the rules
Read the official guidance, such as the US Federal Trade Commission's business guide to CAN-SPAM and your data protection regulator's guidance for GDPR-style rules. For anything important, ask a qualified professional.