Opt-In Laws in the USA and EU
Legal Requirements in the USA and EU
Quick Checklist of Legal Requirements
Quick Checklist of Email Best Practices
Legal Requirements in the USA and EU
The purpose of this table is to give an overview of the basic email requirements in the United States and Europe. Always check the best email marketing practices and the national legislation in each country before engaging in bulk email marketing activities.
Requirements |
United States |
Europe |
Type of Email Messages |
The CAN-SPAM Act covers commercial email messages, the primary purpose of which is the advertisement or promotion of a commercial product or service. |
The EU directive covers all direct email marketing messages, including charitable and political messages. |
Permission / Opt-In Requirement |
No, the CAN-SPAM Act allows direct marketing email messages to be sent to anyone, without permission, until the recipient explicitly requests that they cease ("opt-out"). |
Yes, direct marketing email messages may be sent only to subscribers who have given their prior consent ("opt-in"). Prior permission is required for business-to-consumer (B2C) communication covering all "natural persons". |
Unsubscribe / Opt-Out Requirement |
Yes, every message must include opt-out instructions. The sender must honor the opt-out requests of recipients within 10 days. |
Yes, every message must include opt-out instructions. The practice of sending email for purposes of direct marketing or without a valid address to which the recipient may send a request that such communications cease, is prohibited. |
Sender Identity |
The CAN-SPAM Act bans false or misleading header information. The email's "From", "To" and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email. |
Disguising or concealing the identity of the sender on whose behalf the communication is made is prohibited. |
Subject Lines / Labeling |
Deceptive subject lines are prohibited. The subject line cannot mislead the recipient about the contents or subject matter of the message. Identification that the message is an advertisement or solicitation is required. |
|
Contact Information / Postal Address |
Yes, a valid physical postal address is required. |
Yes, the same information disclosure requirements apply to business email as to physical business letters. Companies registered or operating in the EU need to state their company details on every electronic business communication sent from their organization. Business email messages sent by a company should include:
A valid return address must be always provided. |
Legislation |
"CAN-SPAM Act" |
"EU Opt-In Directive" |
Links |
FTC's Spam Site: |
European Law: |
Wikipedia |
http://en.wikipedia.org/ |
L-Soft is a proponent of explicit prior recipient permission, opt-in, and strongly recommends double opt-in, even if this is not required by legislation. Here are two quick checklists that can help you comply with email marketing messaging requirements.
Quick Checklist of Legal Requirements
- Do I have prior explicit and verifiable permission, opt-in, from the recipient?
- Does the message have:
- A clear and accurate sender identity?
- An accurate subject line?
- Clear and easy opt-out instructions?
- A physical postal address and company details?
- A valid return address?
- Have I tested that the subscription and unsubscription works?
- Have I checked the test messages carefully before posting? Did my colleague do this, too?
- Can I process the replies and any subscriber requests promptly?
Quick Checklist of Email Best Practices
- Obtain prior permission via double opt-in subscription. Send an automated and well thought-out welcome message with key instructions and expectations.
- Test deliverability
- Use email authentication: Check that SPF, Sender ID, DomainKeys, DNS records correctly verify the sender.
- Use a spam checker: Scan email message to make sure that it is not identified as spam by common spam filtering applications such as SpamAssassinTM.
- Test readability
- Check the HTML message design and readability. It must work with blocked images.
- Use alternative text part for HTML messages.
- Keep the subject line short and clear. 25 characters display in most clients.
- Provide wanted, expected, relevant and interesting messages to each recipient.
- Provide clear instruction on how the subscribers can automatically unsubscribe (opt out). Send an automated and well thought-out farewell message. This works as a successful confirmation, gives an opportunity to ask for feedback and thank the subscriber.
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