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You Must Know These Laws before Starting an Email Campaign

Christmas Email Marketing

The year is nearly over and with Christmas just around the corner, everyone is busy launching campaigns by the handful and prepping for the holidays. Don’t get too caught up in the excitement, though, because you still need to ensure that your emails don’t break any rules!

Email marketing is an amazing tool that allows brands to communicate with current and prospective clients in order to offer their products and services. We have more access to information now than ever before which makes the shopping experience much more personal and relevant to our clients. This great advantage comes at a price -as marketers, it’s the responsibility of all of us to understand the anti-spam laws and marketing regulations for all of the regions where we do business. Although you may already be familiar with the laws, it never hurts to review them and how they vary between countries since a marketing campaign that is fully compliant in one country may violate laws in another. So before you launch your holiday marketing, let’s take a look at each country’s relevant regulations:

USA:  

  • Clearly inform the recipient who you are within the email.
  • Be honest in your subject line.
  • Identify the message as an advertisement.
  • Tell recipients where you’re located by including a physical address.
  • Tell recipients how to opt-out of receiving future emails from you.
  • Honor opt-out requests promptly.
  • If using a third party marketing provider, monitor their actions to ensure that they are compliant with the above laws.

Canada:

  • Acquire full permission from the recipient before emailing them.
  • Be able to provide proof of opt-in to the email.
  • Full business information identification is required (within the email?).
  • You are prohibited from collecting and using email addresses without permission from the recipient.

Europe:

  • Express opt-in permission is required before you can send your data to be marketed.
  • A functional opt-out process must be provided with required notice.
  • Anyone who opts out must be withdrawn from your lists forever.

It’s important to place prominence on segmenting each country and have a fair understanding of how anti-spam laws are applied in those specific countries.

Asia/South America/Africa:

There’s no comprehensive email legislation in place that encompasses an entire continent and the various countries within them. While many countries in Asia, South America, and Africa often have looser requirements, they still all require an opt-out notice. Though there’s a lack of firm anti-spam laws in each area, it is still crucial to have a full understanding of which countries have measures in place and how to oblige them.

Australia and New Zealand:  

  • Permission from recipient is required.
  • Every email must include an easy opt-out option.
  • All opt-outs must be honored immediately.

The email marketing compliance laws vary between countries and it is essential to avoid violating any of them; it’s all about using good judgment in your campaigns to ensure that you don’t cross any lines!  It’s also good practice to stay up to date the legal requirements in every country where you market, since the laws can change to add more restrictions. Be sure to keep your campaigns compliant this year so that you don’t carry any legal headaches into the New Year, and stay informed of any changes in 2017!

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