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The Ultimate Guide To Email Marketing Laws
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In the world of email marketing, the existence of laws and regulations guarantees you use your email for good, not evil. You’ve heard of email marketing laws like the CAN-SPAM Act, GDPR, CASL and the UK’s Data Protection Act 1998, right?
All these email marketing laws outline a number of conditions email marketers are required to follow to avoid not only damage to their sender reputation but also, being slapped with hefty fines. As intimidating as this sounds, if you are using professional email marketing software to send your email campaigns, you are most likely already in compliance with most email marketing legislation.“If you think compliance with email marketing laws is expensive, try non-compliance.” – EmailOut
Spam continues to be a massive issue on a global scale. All around the world, governments have worked hard to put laws and regulations in place to protect people from malicious unsolicited emails. Many email marketers are aware of local email marketing laws, however, when it comes to international regulations, their knowledge is somewhat lacking. Since email marketers are required to comply with so many email marketing laws, it’s inevitable for things to get a bit overwhelming and confusing.
In this article, we’ll cover the following email marketing laws:
You’ve organically built a high-quality email list. Your email template is unique and overall, amazing. The email campaign’s copy is well written, engaging and relevant. It appears you have everything you need to unleash your email into the world. But… are you sure you’re compliant with all email marketing laws?
If you are sending emails across borders then you most certainly have to be very familiar and 100% compliant with international email marketing legislation. After all, regulations differ from country to country and what makes you compliant in one country could be completely off-limits in another and you might be subject to hefty fines with lots of zeros.
Statistics show that 62% of people keep receiving emails from brands even after they’ve unsubscribed; moreover, 66% of people receiving emails from companies they’ve never even heard of. This goes against all email marketing laws, data privacy regulations and consumer demands.
People want more regulations. 80% feel there should be more laws protecting their personal data. Furthermore, 35% of customers often exercise their privacy rights with email providers.
With email marketing laws like –
To determine whether a particular country’s email marketing laws apply to you depends on three main things –
1) whether you are based in that country 2) if your ESP is based in that country 3) whether your recipients are based in that country
Now, to make sure none of you will be slapped with fines that have lots of zeros, it’s imperative to be aware of all email marketing laws and, of course, comply with them.
Email Marketing Laws In The U.S.
The CAN-SPAM ActWhen emailing subscribers in the U.S., the primary legislation you must fully understand and be 100% compliant with is the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. The CAN-SPAM Act is one of the longest-running email marketing laws in the world. Compared to legislation in Europe or Canada, it is far more relaxed.
To comply with the CAN-SPAM Act, you need to follow these guidelines –
For more information on the CAN-SPAM Act of 2003, click here.
The CCPAThe California Consumer Privacy Act of 2018 (CCPA) is legislation allowing any California-based consumer to demand to see all their personal information obtained and stored by businesses as well as a full list of all third-parties their personal data has been shared with. Additionally, this law also allows consumers to sue businesses if there is a violation of the privacy guidelines without an actual data breach occurring. Essentially, the law’s intent is to enhance privacy rights and consumer protection for Cali-based consumers.
These are the guidelines you need to follow to comply with the CCPA –
The Right To Delete: Any consumer has the right to invoke their right to delete. If you receive a verifiable request to erase, you are obliged to delete the consumer’s personal information from all your records as well as request all third-parties you shared it with to do the same. However, there are certain exceptions to “the right to delete”. You will not be obligated to abide with deletion requests if the personal information collected is necessary for one of the following reasons –
Email Marketing Laws in Europe: The GDPR
If you’re emailing European subscribers, the General Data Protection Regulation (GDPR) is what you will need to ensure that you are compliant with. This law’s purpose is to protect the data privacy of all European citizens. Even though the GDPR is an EU regulation, it applies to and will be reinforced upon all global businesses that collect and email EU-based subscribers.
Since its implementation, and even now, the GDPR confuses email marketers sometimes. Whilst it does address permissions, it’s primarily focused on the processing of personal data. For example, GDPR explicitly permits email marketing when the personal data is processed correctly but PECR is the email marketing law that outlines permissions.
To ensure compliance with the GDPR, you will need to –
Despite the fact the UK withdrew from the EU on January 21, 2020, it will remain subject to EU laws including the GDPR until the end of the transition period – December 31, 2020.
Violation of the GDPR can result in fines of up to 4% of the annual global turnover of the preceding fiscal year or €20 million (about £18 million) – whichever is greater.
You can find more information about GDPR here.
Email Marketing Laws in Canada: CASL
Canada’s Anti-Spam Legislation (CASL) does not apply exclusively to Canadian businesses. If you are sending marketing emails to Canadian citizens, you will be subject to CASL. This regulation’s purpose is to protect Canadians from spam, personal data leaks and other types of digital tech misuse.
To make sure you comply with CASL, you need to –
Consent is considered to be implied when –
Consent is considered to be express and valid when the following information is included –
If you violate any of the regulations in CASL, the penalty can reach up to CAD 1 million for individuals (USD 770,630/£586,930) and up to CAD 10 million for businesses (USD 7.7 million /£5.8 million).
To find out more about CASL, click here.
Email Marketing Laws in Australia: The Spam Act 2003
The purpose of the Australian Spam Act 2003 is to protect Aussie subscribers and prevent Aussie senders from sending spam and disrupting user’s personal data. Essentially, the Act forbids sending unsolicited commercial emails (a.k.a spam) with an Australian link. According to the Act, “a message has an Australian link if it originates or was commissioned in Australia, or originates overseas but was sent to an address accessed in Australia.”
To ensure you are compliant with the Spam Act 2003, you must –
The penalties for noncompliance with the Spam Act 2003 can reach up to AUD 2.1 million ($1.5 million/£1.1 million).
For more details about Australia’s Spam Act 2003, click here.
Email Marketing Laws in the UK
Privacy and Electronic Communications Regulations (PECR) (EC Directive) 2003The Privacy and Electronic Communications Regulations 2003 also referred to as PECR or the EC Directive is legislation under which email recipients located in the United Kingdom must have consented either by express or implied permission to receive marketing communications from you. This regulation is pretty similar to the Australian Spam Act and CASL, however, the main difference is regarding the number of days you have to process unsubscribe requests and clean up your email lists.
To comply with PECR, you must –
To comply with the soft opt-in rule, you must follow a certain set of guidelines –
If you violate the EC Directive, you can be subject to penalties as high as £500,000.
More detailed information about the EC Directive can be found here.
Data Protection Act (DPA) 2018The Data Protection Act 2018 (DPA) is legislation aimed at protecting the privacy of personal data. The DPA was first composed in 1984, updated in 1998 and enforceable until May 25, 2018, when it was superseded by the Data Protection Act 2018. The DPA applies to any business or individual who holds or uses personal data of others within the EU and the UK.
The purpose of the DPA 2018 is to –
The eight key principles of the DPA 2018 (and GDPR) are –1) fair and lawful processing of personal data 2) the personal data must be processed for specific lawful purposes 3) adequate, relevant and non-excessive personal data 4) accurate and up-to-date personal data 5) not keeping personal data longer than necessary 6) processing personal data per the rights and freedoms of data subjects 7) personal data must be kept safe and secure at all times 8) transferring personal data outside the EEA (European Economic Area) without adequate provisions in place for its protection is prohibited
If at any point you receive a request for access or deletion, you must respond within a month.
Remember the Facebook/Cambridge Analytica Scandal? The data protection violation which happened in 2015 resulted in the maximum possible penalty – £500,000. In a very lucky turn of events for Facebook, this data violation became public (early 2018) before the implementation of the GDPR. Otherwise, the ICO would’ve slapped the social media conglomerate with a fine of 4% of Facebook’s 2018 global revenue – around £1.7 billion.
Email Marketing Laws in China: Consumer Rights Protection Law 2013 and Measures of the Administration of Internet Email Services 2006
If you are email marketing in China there are two very important email marketing laws you need to abide by – the Consumer Rights Protection Law 2013 (CRPL) and Measures of the Administration of Internet Email Services 2006 (MAIES).
The CRPL 2013 forbids the distribution of commercial information and materials to consumers unless you have obtained their consent via a request or the consumer has explicitly rejected the information/materials.
The MAIES 2006 purpose is to regulate and safeguard the legitimate rights of consumers using email services via the internet in the territory of the People’s Republic of China.
Overall, both email marketing laws aim to protect Chinese residents and people who at the time of receiving marketing emails are on Chinese territory.
To comply with both pieces of legislation, you must –
You can find more information about MAIES 2006 here and for CRPL 2013 here.
Email Marketing Laws in Singapore: The PDPA
The purpose of the PDPA is “to govern the collection, use and disclosure of personal data by organisations in a manner that recognises both the right of individuals to protect their personal data and the need of organisations to collect, use or disclose personal data for purposes that a reasonable person would consider appropriate in the circumstances.”
If you breach the PDPA, you will be subject to fines of up to 10,000 Singapore dollars (USD 7,417/£5,643) and you could also be imprisoned for up to 3 years.
To ensure compliance with the PDPA, you must –
For further information regarding Singapore’s PDPA, click here.
Email Marketing Laws in Brazil: The LGPD
Brazil’s LGPD is the first legislation to provide a comprehensive framework that establishes rules for collecting, handling, storing and sharing personal data of Brazillian citizens. Essentially, if your business has subscribers/customers from Brazil, this legislation applies to you and you must comply.
To comply with the LGPD, you need to –
More on the LGPD can be found here.
SummaryUnlike all the other email marketing laws where consent must be given before sending marketing emails, the U.S. CAN-SPAM Act does not require consent before emailing as long as you’ve included an option for recipients to unsubscribe. Furthermore, to ensure 100% compliance, it is your responsibility as the sender to keep a record of obtained consents – i.e. subscribers’ IP address and opt-in date and time as an example. Remember, with the exception of the CAN-SPAM Act, all other email marketing laws require you to obtain the users’ consent.
If subscribers no longer wish to receive marketing emails from you, all email marketing laws agree that you must give them the opportunity to opt-out. While there are different opt-out methods (i.e. via a call to support or an email reply), including an unsubscribe link in every email is a must and a legal requirement.
The most important things to remember in terms of unsubscribe requests are –a) never charge the person who wants to opt-out, and b) never ask for more info
Offering an easy and clear way for your subscribers to opt-out is a legal requirement under all email marketing laws. The only difference concerns the time allowed to process an unsubscribe request. While legislation may give you up to 30 days to do so, subscribers certainly won’t. Not to mention the hefty fines you’ll be subject to.
Bottom line: always obtain explicit consent, collect, handle, process and use personal data with care, never transfer data outside of your country without ensuring the recipient country has proper data security legislation in place, be honest and clear about your intention for the data and, most of all, always provide an option for people to unsubscribe.
Remember, understanding email marketing laws is not just about avoiding massive fines. It’s about mutual respect between your business and its subscribers.
Highly recommended further reading –1) Why Using Purchased Email Lists Is A Very Bad Idea 2) Why Is My Email Going To Spam 3) Email Security Best Practices 4) Email Marketing Laws By Country
Disclaimer: We have spared no effort to give you the best overview of the different data laws across the globe. However, please keep in mind that this article is a summary, not definitive and it is your responsibility to fully understand the law as it applies to your jurisdiction and those of the recipients you plan to email. Should you decide to rely only on the information provided in this article, you do so at your own risk.
A gateway to Africa: Russia's new naval base in Sudan
The naval logistics base will house more than 300 military and civilian personnel as well as up to four warships, including vessels with nuclear propulsion.
The facility near Port Sudan will be the first Russian military base in Africa and only the second naval base outside of the former Soviet Union, after Tartus in Syria.
Although Moscow has issued assurances that the new logistics centre would be defensive in nature and built with the purpose of maintaining peace and stability in the region, it is expected that Russia will fortify its new African outpost with an advanced surface-to-air missile system.
Russia will also reportedly provide Sudan with additional weapons to protect the facility while permitting Russian troops to be stationed outside the naval base on Sudanese territory.
A blow to Washington?
The Russia-Sudan agreement comes just a month after the Trump administration announced it would remove Sudan from its State Sponsors of Terrorism blacklist, seen as a reward for signing a normalisation deal with Israel.
📷The naval facility near Port Sudan will be the first Russian military base in Africa and only the second naval base outside of the former Soviet Union📷
In light of this breakthrough, the Kremlin's agreement with Khartoum could be seen as an unpleasant surprise for the US. Some have described the move as a blow to Washington's hopes of having greater leverage over transitional authorities in Sudan following the ouster of long-time dictator Omar al-Bashir.
Samuel Ramani, a geopolitical analyst focusing on Russian foreign policy in the Middle East, told The New Arab that Sudan is pursuing a multi-vector foreign policy approach.
Khartoum has balanced ties with Middle East rivals such as Turkey, Qatar and the UAE and Saudi Arabia, both under Bashir and since the transition, and is attempting a balancing strategy of maintaining strong ties with the US, Russia and China. "The more partnerships that Sudan cultivates, the more investment it can receive in its cash-strapped economy," he said.
📷Warm waters at last: Russia's expanding military footprint in the Middle East
Sergey Sukhankin, a researcher at the Jamestown Foundation, explains that Sudan may be using Russia's naval base as a means to apply additional pressure on stakeholders interested in expanding their presence in the country, demonstrating that other players, including Russia, are aspiring to fortify their positions in Sudan.
"It is not just about the US, but the message is also designed for China, Turkey and some other players from the Gulf States," Sukhankin told The New Arab.
In Ramani's view, US officials are aware of Sudan's balancing strategy and have not made cooperation or arms purchases from Russia a sticking point in their efforts to establish stronger relations with Khartoum. Therefore, the US response to Russia's base in Sudan is unlikely to be overtly critical.
After all, the Sudanese decision to host a Russian base is not necessarily that surprising, since both countries established close bilateral ties under Bashir's rule. The deposed authoritarian ruler visited Putin in 2017 and supported Russia's intervention in Syria while backing Syrian President Bashar al-Assad.
In fact, the former leader of Sudan had made it abundantly clear to the Russians that Khartoum was ready to welcome Moscow's presence in the country, and the Kremlin simply continued these talks with the new authorities, led by Lt-Gen Abdel Fattah Abdelrahman Burhan.
📷The naval base in Sudan could provide Russia with a foothold in Africa and the possibility of controlling crucial shipping routes in the Red Sea📷
Is Sudan Moscow's gateway to Africa?
The naval facility in Port Sudan certainly heralds the return of Russia to the geopolitical map of Africa and its surrounding maritime routes and oceans. By using Sudan as a jumping board to other Sub-Saharan countries, Sukhankin believes that Russia is likely to increase its efforts not only in Central Africa - via the Central African Republic, where Moscow in the past few years has established a security and military presence - but also in Sahel G5 countries, especially in light of the failure of French-led efforts to eliminate terrorist threats in the region.
Besides geo-economical objectives of exerting greater influence over the country and seeking leverage over Sudan's political future, the naval base also offers Moscow a possibility to potentially obstruct transportation via the Red Sea (Suez Canal) as a means to re-direct at least parts of international trade to the Northern Sea Route, which is one of the key priorities for Moscow, according to Sukhankin.
Arms sales along with security and military arrangements have already played a significant role in the country's geopolitical plans, with Russia a major supplier of arms to the region. With a market share of 37.6 percent, Russia is the top weapons supplier to Africa and according to the Stockholm International Peace Research Institute (SIPRI), Africa (without Egypt) accounted for 16 percent of Russian arms exports between 2014-19.
📷Read more: How US blackmail pushed Sudan to normalise ties with Israel
While Algeria and Egypt are by far the most valuable customers of Russia's arms industry, sales will only increase in the future as Moscow has signed weapons deals with Angola, Nigeria, Sudan, Mali, Burkina Faso and Equatorial Guinea, including for jets, helicopters, anti-tank missiles and engines for fighter planes. Moreover, Russia has concluded military cooperation agreements with 28 countries in Africa, according to the Institute for the Study of War.
Russia's military and security arrangements in the continent also involve the use of private mercenaries like the Wagner Group, known for supporting warlord Khalifa Haftar in Libya. Their activities have also been reported in Sudan as well as in the Central African Republic and in other countries. As they are mostly self-financed, their operations and engagements give Russia an opportunity to exert influence without major risks or costs.
However, it would be wrong to assume that Russia's only motivation is to increase its arms sales. According to CSIS, an American think tank, Moscow has tripled its trade with Africa, from $6.6 billion in 2010 to $18.9 billion in 2018, and invested in the oil and gas sectors as well as successfully promoting its nuclear power expertise.
📷With a market share of 37.6 percent, Russia is the largest weapons supplier to Africa📷
Will there be more Russian bases in Africa?
According to a leaked German Foreign Ministry report titled "Russia's New African Ambitions," which first appeared in German daily Bild, Russia is allegedly seeking permission to establish military bases in six nations, including Egypt, the Central African Republic, Eritrea, Madagascar, Mozambique and Sudan.
While it is true that Russia is interested (partly) in re-gaining its influence in Africa, Sukhankin is rather cautious about further Russian military expansion in the continent. "Russian policy-makers clearly know that one of the main reasons for the Soviet economy to collapse was overstretching – seeking to be everywhere," he told The New Arab. "This is what Russia will try to avoid despite strong interest in expanding its presence/influence in Africa."
📷Read more: Russia's growing influence in Iraq: A new challenge for the US
According to Sukhankin, when the leadership of Sudan and the CAR offered Russia an opportunity to create bases in 2018/19 the Russian reaction was not as enthusiastic as one might have expected, since deeper involvement in Africa would eventually require more investments and resources that Moscow does not have.
Ramani also says that there was widespread speculation that Russia would use its support for Khalifa Haftar to establish a base in eastern Libya, but negotiations on that have not taken off. He also added that Russia considered creating a logistics center in Eritrea and Russian Foreign Minister Sergei Lavrov visited Eritrea in 2018, but this proposal has not progressed either.
Russia has vehemently denied the possibility of establishing a base in Somaliland, even though the New York Times reported in January that Berbera in Somaliland was the possible location of a Russian base. Sukhankin, on the other hand, mentions the possibility of Mozambique as a potential candidate as the country has been unable to cope with an Islamic insurgency in Cabo Delgado province, as well as some of the Sahel G5 countries.
The main question is whether Moscow will consider the mistakes of the USSR. With Russia's strategy in Africa valuing flexibility and lacking financial depth, it is more than likely that Sudan will be its only base on the continent for the foreseeable future.
Stasa Salacanin is a freelance journalist who has written extensively on Middle Eastern affairs, trade and political relations, Syria and Yemen, and terrorism and defence