Compliance (Email)

Adherence to email regulations like CAN-SPAM, GDPR, CASL. Non-negotiable.

Compliance (Email)

What is Email Compliance?

Email compliance refers to following laws and regulations that govern commercial email communication. Non-compliance can result in significant fines, legal action, and damage to your sender reputation.

Major Regulations:

CAN-SPAM Act (US): Requirements for commercial email
GDPR (EU): Data protection and consent requirements
CASL (Canada): Anti-spam legislation

Compliance is Non-Negotiable:

Fines up to $51,744 per email violation (CAN-SPAM)
GDPR penalties up to 20 million EUR or 4% of global revenue
CASL penalties up to $10 million CAD

Why Email Compliance Matters

Legal Protection

Compliance prevents costly penalties.

Real Consequences:

FTC enforcement actions
Class action lawsuits
State attorney general actions
Regulatory investigations

Sender Reputation

Compliance protects deliverability.

Compliance Impact:

Spam complaints damage reputation
Regulatory violations flag email as suspicious
Blacklisting often results from complaints
Recovery is difficult and time-consuming

Trust and Credibility

Legal email builds trust.

Trust Factors:

Clear identification builds credibility
Proper opt-outs respect recipients
Accurate header information signals legitimacy
Compliance demonstrates professionalism

CAN-SPAM Act (United States)

Key Requirements

Mandatory Elements:

Accurate header information - No misleading "from" names
Truthful subject lines - Not deceptive or misleading
Opt-out mechanism - Working unsubscribe link
Physical postal address - In every email
Clear identification - Email is an advertisement (when required)

Commercial Email Definition:

Primary purpose is commercial advertisement or promotion
Transactional emails are exempt (existing relationships)

Consent Requirements

CAN-SPAM is Opt-Out (not opt-in):

You can email B2B prospects without prior consent
Must honor opt-out requests within 10 business days
Cannot email after opt-out (permanent suppression required)

B2B Cold Email:

Legal when truthful and includes opt-out
Must have clear header information
Cannot use deceptive subject lines

Penalties

Per Violation:

Up to $51,744 per email (as of 2025)
Adjusted periodically for inflation
Additional penalties for aggravated violations

GDPR (European Union)

Key Requirements

Strictest global email regulation:

Consent Requirements:

Explicit consent required for B2B prospecting
Consent must be freely given, specific, informed, and unambiguous
Legitimate interest may apply for some B2B contexts
Right to erasure (data deletion requests)

Data Subject Rights:

Right to access data
Right to rectification
Right to erasure ("right to be forgotten")
Right to restrict processing
Right to data portability
Right to object

Compliance for B2B Cold Email

GDPR Complexity:

Individual consent requirements
Corporate email exceptions (legitimate interest)
Documentation of consent basis
Data processing records

Best Practice:

Focus on legitimate interest for B2B
Document targeting criteria
Maintain opt-out mechanisms
Honor data subject requests promptly

Penalties

Significant Consequences:

Up to 20 million EUR
Or 4% of global annual revenue
Whichever is higher

CASL (Canada)

Key Requirements

Canada's Anti-Spam Legislation:

Consent Requirements:

Express or implied consent required
Implied consent: existing business relationship
Express consent: explicit opt-in
Consent must be tracked and documented

Identification Requirements:

Clear sender identification
Clear contact information
Unsubscribe mechanism
Consent withdrawal option

Implied vs. Express Consent

Implied Consent Scenarios:

Existing customer relationship
Business inquiry from recipient
Referral or introduction

Express Consent Required:

No existing relationship
No prior inquiry
New B2B prospecting

Penalties

Maximum Fines:

Up to $10 million CAD per violation
For individuals: up to $1 million CAD

Email Compliance Checklist

Every Email Must Include

Required Elements:

[ ] Accurate "from" name and email address
[ ] Truthful, non-deceptive subject line
[ ] Working unsubscribe link (opt-out)
[ ] Physical postal address
[ ] Clear identification (if advertisement)

List Management

Maintain Clean Lists:

[ ] Process opt-outs within 10 business days
[ ] Maintain suppression list
[ ] Scrub opted-out addresses from all campaigns
[ ] Document opt-out dates and sources

Record Keeping

Documentation Retention:

[ ] Opt-out records (3+ years)
[ ] Consent documentation (GDPR)
[ ] Mailing history records
[ ] Complaint responses

Compliance Best Practices

Cold Email Compliance

Legal Cold Email Framework:

For US (CAN-SPAM):

Accurate header information
Truthful subject lines
Opt-out mechanism
Physical address included
No deceptive practices

For EU (GDPR):

Rely on legitimate interest
Target decision-makers at corporate emails
Document targeting criteria
Easy opt-out mechanism
Honor removal requests immediately

For Canada (CASL):

Implied consent (existing relationship)
Express consent (new relationships)
Track consent source and date
Working opt-out mechanism

Opt-Out Management

Best Practices:

One-click unsubscribe
Process within 10 business days
Honor requests permanently
Keep suppression records
Test opt-out functionality regularly

Physical Address

Acceptable Options:

Business street address
P.O. Box
Registered office address
Current and valid address

Placement:

Email signature
Email body
Footer area

Common Compliance Mistakes

Missing Opt-Out Link

Every commercial email must include unsubscribe.

Consequence:

Immediate spam complaints
Regulatory violations
Sender reputation damage

Misleading Subject Lines

Deceptive headers violate CAN-SPAM.

Examples to Avoid:

"Re: your inquiry" (when no inquiry exists)
"Urgent: account update" (when not urgent)
"Your order" (when no order exists)

Buying Email Lists

Purchased lists create compliance risk.

Problems:

No consent documentation
High complaint rates
Spam traps
GDPR violations

Solution: Build organic, consented lists.

Ignoring Opt-Outs

Continuing after removal request.

Consequence:

Per-email fines
Legal action
Blacklisting
Regulatory investigation

Key Takeaways

Email compliance = following CAN-SPAM (US), GDPR (EU), CASL (Canada) regulations
CAN-SPAM: opt-out, requires accurate headers, opt-out link, physical address
GDPR: opt-in or legitimate interest, strictest penalties (up to 20M EUR)
CASL: express or implied consent, opt-out mechanism required
Fines: $51,744 per email (CAN-SPAM), 20M EUR or 4% revenue (GDPR)
Every email must: accurate headers, truthful subject, opt-out, physical address
Process opt-outs within 10 business days, maintain suppression lists
Cold email is legal under CAN-SPAM with opt-out and truthful headers
GDPR requires legitimate interest basis for B2B prospecting
Avoid: misleading subjects, bought lists, ignoring opt-outs
Document consent and opt-outs for legal protection
Compliance protects sender reputation and deliverability
Non-compliance risks: fines, lawsuits, blacklisting, reputation damage

Sources:

Related Terms

CAC (Customer Acquisition Cost)

Total sales and marketing spend divided by new customers. Lower is better.

Cadence

Sequence and timing of touchpoints in outreach campaign.

Call-to-Action (CTA)

Specific action you want prospect to take. Clear CTA improves conversion.

CAN-SPAM Act

US law regulating commercial email. Requires opt-out mechanism and sender identification.