Country-Specific Laws
The CAN-SPAM Act might set the tone for commercial email in the United States, but across borders, other countries have varying laws and regulations. Following are a few examples:
Canada: CASL
Canada's Anti-Spam Legislation, or CASL, went into Buy Email Database List operation in 2014. It imposed strict controls on any business emailing someone. For example, CASL requires explicit consent for subscription, conspicuous identification of the sender, and an easy way to opt out.
European Union: GDPR
General Data Protection Regulation (GDPR) is the comprehensive data protection legislation in the European Union that governs email marketing. GDPR demands explicit consent, data protection by design, and transparency regarding the collection and processing of personal information.
Australia: Spam Act
The Spam Act 2003 of Australia involves the prohibition against sending unsolicited commercial electronic messages. It seeks consent, true sender information, and an accessible opt-out opportunity for the recipient.
India: Indian IT Act
The Electronic or email communication falls within the ambit of India's Information Technology Act, 2000. It prohibits unsolicited commercial communication and seeks consent from the receiver.
Key Differences
Despite similarities in anti-spam laws, there are key differences among countries. For example:
Opt-In Requirements
Some countries require explicit opt-in consent from recipients, like Canada and the European Union, and others are satisfied with inferred consent, like Australia.
Penalties
Penalties vary widely from country to country. For example, GDPR fines can go as high as €20 million or 4% of global turnover, while CASL fines can go as high as $1 million for each violation.
Enforcement
Agencies and regulations responsible for enforcement of the law against spamming and spamgers differ in every country. For example, the CAN-SPAM law in the United States is enforced by the Federal Trade Commission, while in Canada, the CASL laws are enforced by the Canadian Radio-television and Telecommunications Commission.
Conclusion
Anti-spam laws are quite different from one country to another, and these differences are what marketers should know inside and out so as not to fall into some form of legal implication. In your effort to get yourself acquainted with country-specific laws, you make sure that your emails serve the purpose intended and establish rapport with the recipients.