Email Marketing Compliance – GDPR, CAN-SPAM, and Australia’s 2003 Spam Act
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In this article, we’ll discuss GDPR and CAN-SPAM, as well as Australia’s 2003 Spam Act. By the time you’re done, you should have an idea of the key requirements governing email marketing. But what about inherited lists? It may be that the list was legitimately collected but has since been separated from its compliance documentation or that the list was acquired through less than scrupulous means. Either way, it’s important to conduct an email compliance audit to ensure that your data is compliant.
GDPR
The core of GDPR and email marketing compliance is consent. The consumer must actively opt-in to receive your marketing messages. Consent must be positive, not simply a “tick box” or “simply provide your email address” or you will not be compliant with the GDPR. Additionally, your newsletters must provide information on where to find the data you collect. GDPR regulations also dictate how you store your subscribers’ personal information.
To comply with GDPR, segment your customers. By doing this, you can focus your communications on their individual interests. The GDPR also gives individuals the “right to be forgotten.” That means that your communications must be tailored to the interests of each individual. And remember, the law says that you can’t send out irrelevant information or contact customers who haven’t explicitly asked for it. But there are still some ways to ensure GDPR compliance.
A consumer can request access to all of their information and ask for it to be updated if it is inaccurate. Similarly, they can request that outdated information be removed. This right has already been implemented by companies like Google, which removed pages from its search engine results. With GDPR, individuals gain more control over the data they provide and the ability to revoke their consent at any time. It is important for marketers to ensure that consumers have the ability to easily access, update, or delete their information.
CAN-SPAM
To achieve CAN-SPAM email marketing compliance, the subject line of your email must clearly suggest the content of the email. While misleading subject lines may make your email click-worthy, they can also cause CAN-SPAM email marketing compliance problems. For example, the subject line of a sexually-oriented email must state “SEXUALLY EXPLICIT,” and some states require a phrase such as “ADV.”
CAN-SPAM email marketing compliance begins with the mailing list itself. Every marketing email must include an unsubscribe link, which many marketers try to hide. If the unsubscribe link is difficult to locate, it will most likely be marked as spam by the recipient. Another easy way to ensure CAN-SPAM email marketing compliance is to double-check your mailing address. Always use the most current address when sending emails.
A CAN-SPAM violation can cost your business thousands of dollars in fines. Fortunately, you can create a template for all future emails that follow the rules. For more information, visit the FTC’s website. Once you have created a template, use it on every email and save yourself the hassle. You can also use it for future emails. The CAN-SPAM act covers all commercial emails.
Australia’s 2003 Spam Act
When it comes to email marketing compliance in Australia, the key to email marketing success lies in understanding Australia’s 2003 Spam Act and following its rules. This new law was passed in 2003 and governs the sending of commercial electronic messages (or “spam”). This includes email, SMS, MMS, and instant messaging. Among other things, it requires senders to get consent before sending commercial electronic messages and to maintain a record of this consent. Additionally, a commercial message cannot attempt to establish a business relationship with the recipient.
The Spam Act requires businesses to follow the rules regarding email marketing compliance, including the use of unsubscription software. It is important to note that there are some exceptions to the general rule and a few specific situations that are more complex. For example, the Spam Act prohibits the sale of spam software and the use of address harvesting software. However, even if a business has an exempted entity, they must still follow the rest of the Act.
The Spam Act also mandates that commercial electronic messages (CEMs) must include clear identifying information. To do so, bulk email campaigns must include contact details, such as a physical address, email address, phone number, and website address. Further, it requires that recipients can easily unsubscribe from an email campaign within five working days, so it’s critical to have these details. If the recipient is unsure about the information in an email, it’s best to contact a lawyer.
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