Email Compliance: Global Laws and Regional Campaign Strategies

Email marketing has proven itself as a valuable marketing tool. However, its seamless outreach can also be a painful problem. To ensure that marketers do not overburden people, government agencies have created laws that guide the use of emails. As such, an important part of marketing today is understanding the interaction between email marketing and the law.  

What Is Email Compliance?

Email compliance refers to how you follow legal requirements, industry standards, and best practices when writing commercial email communications. It involves creating email strategies that respect user privacy and build credibility with your audience. 

Sending compliant emails will help you stay out of legal issues and also reduce the chances of our emails appearing as spam. So, together, let’s explore how you can combine compliance with your email strategy to get the best results. 

Email Compliance Laws and Regulations Across Countries

Different countries and regions have established their distinct regulations and email marketing compliance requirements. While these laws share some common principles like consent requirements and data protection, they can vary significantly in their specific requirements and enforcement for non-compliance.

Even in certain countries, some sectors, like legal services and healthcare, may have specific rules that emails must follow. 

Therefore, if you are a marketer, it is important to understand how these email laws and regulations work. This is even more important for people with a global audience. That said, here’s an overview of some of the most common laws you might come across when managing email marketing campaigns.

Privacy laws

These laws govern the collection, use, and protection of personal data, with variations based on regions or countries:

GDPR—European Union

The General Data Protection Regulation (GDPR) is a regulation put in place by the European Union, and it is to safeguard the personal data of EU residents. The regulation was enacted in May 2018 and is overseen by Data Protection Authorities (DPAs) in each EU country.

Under this regulation, personal data includes information like phone numbers, emails, IDs, and cookies. For email marketing, most customer data falls under GDPR, so compliance is essential. Even if you operate a business outside the EU, as long as the residents of the EU are amongst your customers, you must follow this regulation. 

Compliance with this regulation is very important, as violations can lead to severe fines, up to 4% of a company’s global annual revenue or €20 million, whichever is higher. In addition, the aggrieved customer can seek damages. 

UK GDPR—United Kingdom

The UK GDPR (also called the Data Protection Act 2018) is the United Kingdom’s adaptation of the European Union’s GDPR. This law became effective after Brexit in 2021. The UK GDPR is enforced by the Information Commissioner Office (ICO). 

For email marketers, the UK GDPR introduces stringent requirements regarding the collection and use of personal data. Consent is central to email marketing under this regulation. Under this law, email marketers must obtain clear, informed, and specific consent from individuals in the UK before sending promotional emails. 

Another crucial aspect is transparency and accountability. Email marketers must clearly explain how personal data will be used, stored, and protected, typically in a privacy policy. Just like the EU’s GDPR, failure to comply can result in significant penalties, including fines up to 4% of the company’s annual turnover or £17.5 million (whichever is higher).

PIPEDA—Canada

The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s federal privacy law that governs how businesses collect, use, and disclose personal information during commercial activities. The act was introduced in 2000, and it ensures that businesses operating in Canada protect the data of their customers. 

PIPEDA applies to every private business operating in Canada. For email marketers, it mandates that you must seek consent before getting emails from your clients. When you get this data, you can only use it for the purpose the customers agreed to. In addition, these email compliance regulations make it illegal to use such data collected in Canada in other countries. 

Non-compliance with PIPEDA email regulations can result in significant consequences, including reputational damage and financial penalties. The Office of the Privacy Commissioner of Canada has the authority to investigate complaints and enforce compliance, and fines that can reach up to $100,000. 

Privacy Act 1988—Australia

The Privacy Act 1988 is Australia’s primary privacy legislation, and it includes the Australian Privacy Principles (APPs). Together, these two acts govern how personal information must be handled in Australia. 

The regulations apply to government agencies and private organizations with annual turnover exceeding $3 million. Under this regulation, personal information refers to any data that can identify an individual.

Since email addresses are unique to individuals, the law covers them too. Therefore, the Act requires explicit consent for data collection, clear communication about data usage, transparent privacy policies, and opt-out options in emails. As an email marketer, you must also protect customer data and follow strict rules about overseas data sharing.

Failure to comply with the Privacy Act 1988 and related laws can lead to penalties imposed by the Office of the Australian Information Commissioner (OAIC). Of all the regulations here, this one seems to carry the highest penalties. Severe breaches can attract fines of up to AUD 2.5 million for individuals and AUD 50 million for corporations. 

Anti-spam regulations

Considering how annoying spam can be, many government authorities have gone ahead to make rules that make it punishable to send spam emails. These rules focus on preventing unsolicited or deceptive emails. Here are some of them:

CAN-SPAM Act—the U.S.

The CAN-SPAM Act, enacted in 2003, establishes national standards for commercial email practices in the United States. Under this Act, businesses operating in the U.S. are to follow specific rules when sending emails, such as: 

• Email marketers must use accurate header information.
• Emails sent in the U.S. must not include deceptive subject lines.
• If the message is an advertisement, it should be identified as such. 
• Marketing emails should include a valid physical postal address. 
• Promotional emails should have a clear way for recipients to opt out of future emails within 10 business days.

Violations of the CAN-SPAM Act can result in penalties of up to $51,744 per email violation if the person on the receiving end does not press charges. If the person presses charges, you may have to pay for damages in addition to the fines. Under this Act, both the company whose product is promoted and the company that actually sends the message may be held legally responsible.

CCPA—the U.S.

The California Consumer Privacy Act (CCPA), implemented in 2018 is one of the strongest state-level email marketing laws in the USA. The Act aims to give residents in California control over their personal data. The Act grants consumers four basic rights: 

• the right to know what personal information is being collected and how it’s used, 
• the right to delete their personal information, 
• the right to opt out of the sale of their personal information, and 
• the right to non-discrimination for exercising their CCPA rights.

For violating these email laws and regulations, you could face fines up to $7,500. In addition, you have to pay damages to all affected customers up to $750 for each customer. Imagine having issues with over 1000 recipients. 

CASL—Canada 

Canada’s Anti-Spam Legislation (CASL) covers strict rules for businesses sending commercial electronic messages to Canadian recipients. The legislation enforces the following email marketing legal requirements: 

• Consent before sending emails: This can be express (obtained directly from recipients) or implied consent (based on existing business relationships). 
• For express consent, the recipients must be aware that you are collecting their emails for marketing purposes. 
• Emails must have clear and accurate sender’s identifying information.
• Your emails must have valid unsubscribe mechanisms. 

The law imposes severe penalties for non-compliance, with fines reaching up to $1 million for individuals and $10 million for businesses. 

PECR—United Kingdom

The Privacy and Electronic Communications Regulations (PECR) works alongside the UK GDPR to regulate electronic communications, including marketing emails, cookies, and telecommunications. 

Under this legislation, marketers reaching residents of the UK must obtain consent before sending marketing emails, with exceptions for existing customers under the soft opt-in rule. PECR mandates that all of your emails must include a simple way for users to unsubscribe.

Under PECR, recipients must clearly understand who you are when they see your messages. Disguising or concealing your identity in marketing messages are punishable offenses. Violations can result in significant penalties, with fines up to £500,000 enforced by the Information Commissioner’s Office. 

Consent requirements

While these regulations differ slightly, they all share a common ground—consent. No matter where your recipients are based, you should obtain their clear consent. This means your contacts must be aware you are going to send them emails, and they must agree to receive those emails. You should explain in detail that they will be getting promotions, updates, or newsletters.  

In most jurisdictions, consent can either be expressed or implied depending on the location. Express consent occurs when someone actively agrees to receive marketing emails, typically by checking a box or filling out a form specifically requesting communications. 

Implied consent, on the other hand, generally exists when there’s an existing business relationship. For example, when a customer has recently purchased something from your company or is actively engaged with your services, you might assume they have given you their implied consent. The UK (soft opt in) and Canada (implied consent) are examples of countries where this might be allowed. 

It’s important to note that many countries now require express consent for email marketing to comply with privacy regulations. And if, for some reasons, the user denies consent, it is your responsibility to prove otherwise. This means you should keep records of how and when users agreed to get promotional emails. 

Some marketers make the mistake of using pre-ticked boxes. While this might work, users can argue they were not aware. So instead, allow the users to do the heavy lifting—let them decide to click to opt in. Aside from the legal implications, this will also help you build better relationships with your recipients.

Similarly, most authorities mandate that you must make it easy for users to unsubscribe from your emails. In some cases, there are regulations on how soon you need to process such requests to opt out.

Why Is Email Compliance Important?

Email compliance is a crucial aspect of modern business operations that cannot be overlooked. One of the most important reasons to stay compliant is that you avoid hefty legal penalties and fines that could seriously impact your business. Aside from the fines and penalties, the following are some reasons why you should stay compliant:

• Reputation management: Following proper email compliance regulations builds customer trust and demonstrates your professionalism. Engaging in poor practices, on the other hand, can make people see you as a spammer. It can also make email providers reduce your sender reputation or even get your emails marked as spam altogether. 

• Email deliverability: What’s the point of crafting a strategy and spending hours to write a perfect draft if the intended readers don’t see the message? But these things happen frequently, and email marketing compliance is one of the biggest reasons for this. Compliance directly impacts whether your emails reach their intended recipients or end up in spam folders. Following proper protocols improves inbox placement rates and ensures your messages actually get read, making your communication efforts worthwhile. 

• Data protection: Safeguarding user data through proper email shows that you care about the privacy and security of your customers. This concern for security and privacy is a crucial part of doing business as it prevents data breaches that could cost you money. It also builds long-term customer confidence and helps you stay on the good side of the law. 

Practical Tips to Customize Email Campaigns for Global Compliance and Regional Relevance

Understanding key email marketing laws 

To stay safe with your marketing strategy, you don’t actually have to understand all the email regulations in the world. To be fair, how many of them can you read and understand? Instead, you need to focus on the laws in the areas where your clients reside. Start by getting an idea of where your recipients live. If you already have the location of your clients, you can start from here.

Once you have a broad idea of where your recipients are, you can proceed to understand the email compliance laws in those areas. For example, if you have more readers in the U.S., you should focus on understanding the email marketing laws like the CAN-SPAM Act and how you can work with them. On the other hand, if your readers are in Europe, the GDPR should be your focus. 

And if you can’t find the rules of a country you are working with, you should seek legal advice. 

Researching cultural differences 

Keeping up with email marketing legal requirements will keep you away from breaking the law and paying hefty fines. However, to get real results, you need to take things a little further. You need to understand cultural differences because what works in one country might be inappropriate.

For instance, Japanese and German audiences expect more formal, precise language with detailed information. In contrast, Australian and Brazilian recipients respond better to casual, friendly approaches. 

Of course, if you do not use these cultural inputs in your email marketing strategy, you won’t get legal problems. However, it can significantly impact your campaign’s success. For instance, using overly casual language with Japanese clients or being too formal with Australian audiences can make your message seem inappropriate or unprofessional. 

This cultural misalignment can damage business relationships, reduce engagement rates, and ultimately harm your brand’s credibility in international markets. So, ensure your communication style matches the local preference while maintaining your brand’s core message.

Segmenting email lists 

Now that you know the rules and the cultural inputs needed, you need to work on your list. You need to divide your list in such a way that you can send the right message to the right audience. This is called segmentation based on location. 

Basically, you are putting emails that are located in the same country or region in the same location. Beyond compliance, segmenting your list can also help you send emails at the right local time. 

Creating geo-specific content

Creating geo-specific content means adapting your message for different regions. This includes using appropriate languages, currencies, and cultural references. For example, holiday promotions should align with local celebrations, and product offerings should reflect regional availability and preferences. 

Beyond compliance, creating geo-specific content shows your readers that you understand their culture and you are not just there to sell. For instance, advertising Christmas deals during Ramadan in Muslim countries shows cultural insensitivity and can damage your brand reputation.

Ensuring privacy policy transparency 

Transparency in privacy policies is crucial for building trust and maintaining compliance. Your privacy policy should clearly explain how you collect, use, and protect customer data. 

It should be easily accessible and written in clear language that customers in all regions can understand. More so, you should commit to updating the document regularly to reflect changing regulations and practices. Doing this demonstrates that you have an ongoing commitment to data protection.

To Sum Up 

If you think email compliance is a legal obligation that you simply need to meet, you are mistaken. In reality, it refers to the fundamentals where email marketing and the law intersect to protect and respect user privacy. As such, successful email marketers see it as an opportunity to build trust and deliver value to their audience rather than a hurdle to cross. 

A truly effective email marketing strategy places consent and cultural awareness at its foundation. This means understanding and respecting both local regulations and the culture in different regions while adapting your messaging tone and content accordingly. This approach ensures that your messages not only reach their intended recipients but are welcomed and appreciated.

Finally, email marketing laws and regulations continue to change, reflecting changing privacy concerns and technological advances. Therefore, you should also try to stay informed about regulatory updates across your target markets and adapt your strategies promptly.