Can-Spam – What It Is, The Facts & The Law

Let’s start by explaining what it means:
Controlling the Assault of Non-Solicited Pornography And Marketing.

This was an act that was introduced in 2003. This act is a actually a law that establishes rules for commercial email and commercial messages and gives recipients the right to have a business stop emailing them, and outlines the penalties incurred for those who violate this law.

The Bureau of Consumer Protection notes that CAN-SPAM doesn’t just apply to bulk email. “It covers 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,’ including email that promotes content on commercial websites.

The law makes no exception for business-to-business email.” It does, however, exempt transactional and relationship messages.

How it affects the UK
The Privacy and Electronic Communications Regulations 2003 covers the sending of email marketing. This legislation says that organisations must only send marketing emails to individuals if you have agreed to receive them, except where there is a clearly defined customer relationship.

We have compiled a short list of do’s and dont’s if you are considering sending emails from your organisation

DO

Include your valid physical postal address in every email you send out.
Provide a clear and obvious way to opt out of every email you send out, and honor the unsubscribe within 10 business days. This is generally what is described as an “unsubscribe”
Use clear “From,” “To,” and “Reply to” language that accurately reflects who you are. This applies to the person or business sending the message, as well as the domain name and email address
DONT’S

Do not sell or transfer any email addresses to another list.
Do not make it difficult to unsubscribe from emails.
Do not charge a fee or require a recipient to provide personally identifying information beyond an email address or make recipients take extensive steps other than simply replying to an email or visiting a single page on a website to unsubscribe themselves from your emails.
Do not use deceptive subject lines in your emails that misrepresent the contents of your message.