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LAW & REGULATIONS

Laws that Affect Email

Email is used globally, but the laws related to email communications differ from place to place. Complying with national and international email laws based on where your recipients are located is a must.

 

Here you’ll find a sampling of some of the opt-in and privacy-related legislation that you may need to consider when designing your email marketing activities.

It is always best to build your email programs on the recipients’ explicit, confirmed prior consent from the start.

AUSTRALIA

 

Spam Act 2003

https://www.legislation.gov.au/Details/C2016C00614

Ensuring You Don't Spam: Anti-Spam, Australian Communications and Media Authority (ACMA)

https://www.acma.gov.au/Industry/Marketers/Anti-Spam/

CANADA

 

Canada's Anti-Spam Legislation ( CASL)

http://fightspam.gc.ca/eic/site/030.nsf/eng/home

 

Frequently Asked Questions for Businesses and Organizations

http://fightspam.gc.ca/eic/site/030.nsf/eng/00304.html

 

CASL S.C. 2010, c. 23

http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html

EUROPE

 

General Data Protection Regulation  (GDPR) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1–88)

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32016R0679

 

GDPR Portal

https://ec.europa.eu/info/law/law-topic/data-protection_en

UNITED STATES

 

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

(CAN-SPAM Act)

 

CAN-SPAM Act: A Compliance Guide for Business

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

15 U.S.C. 103 - Controlling the Assault of Non-Solicited Pornography and Marketing

https://www.gpo.gov/fdsys/granule/USCODE-2011-title15/USCODE-2011-title15-chap103

The California Consumer Privacy Act (CCPA) – takes effect in California on January 1, 2020

https://oag.ca.gov

* Disclaimer is needed, indicating that this information does not constitute legal advice and people should consult their legal advisors to ensure compliance with pertinent laws and regulations.

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