What is the CAN-SPAM Act?
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CAN-SPAM Act is a U.S. law that sets rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. It applies to all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”
What are the key requirements of the CAN-SPAM Act?
1. Don’t use false or misleading header information.
2. Don’t use deceptive subject lines.
3. Identify the message as an ad.
4. Tell recipients where you’re located.
5. Tell recipients how to opt out of receiving future emails from you.
6. Honor opt-out requests promptly.
7. Monitor what others are doing on your behalf.
How do you ensure compliance with GDPR?
1. Obtain explicit consent from recipients before sending emails.
2. Provide easy opt-out mechanisms.
3. Be transparent about data usage.
4. Implement strong data protection measures.
5. Maintain accurate records of consent.
6. Appoint a Data Protection Officer (DPO) if required.
What is the CASL?
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Canada's Anti-Spam Legislation (CASL) is a law that sets the rules for commercial electronic messages (CEMs) in Canada. CASL covers emails, texts, social media messages, and other forms of electronic communication. The primary goal of CASL is to protect Canadians while ensuring businesses can continue to compete in the global marketplace.
What are the main requirements of CASL?
1. Obtain consent before sending CEMs.
2. Provide identification information.
3. Include an unsubscribe mechanism.
4. Maintain records to prove compliance.
5. Monitor what third parties are doing on your behalf.
What are the penalties for violating email marketing regulations?
Violating email marketing regulations such as the CAN-SPAM Act, GDPR, or CASL can result in severe penalties. For instance, violations of the CAN-SPAM Act can lead to fines of up to $43,792 per violation. GDPR violations can result in fines up to €20 million or 4% of the company's annual global turnover, whichever is higher. CASL violations can result in penalties of up to $1 million per violation for individuals and $10 million per violation for businesses.