Terms of Use & Anti-spam Requirements in North America and Europe

Europe

EU Opt-In Directive

The “EU Opt-In Directive” includes:

  • Directive 2002/58/EC (which specifies minimum legislation for member states)
  • Directive 2003/58/EC (which amends Council Directive 68/151/EEC)

This directive covers all direct email marketing messages. Additionally, it applies to charitable and political communications.

Canada

CASL – Canada’s Anti-Spam Legislation

CASL (S.C. 2010, c. 2) regulates commercial electronic messages.

It applies to both businesses and non-profit organizations. In particular, it defines commercial electronic messages as those that encourage participation in a commercial activity.

United States

CAN-SPAM Act

The CAN-SPAM Act (2003) governs commercial email communications.

Specifically, it applies when a message promotes or advertises a commercial product or service.

Opt-In Requirements and Permission

United States

The CAN-SPAM Act does not require prior consent.

However, recipients must have the option to opt out at any time. Once a recipient opts out, the sender must stop sending messages.

Europe

In contrast, Europe requires prior consent (opt-in). Therefore, organizations may send direct marketing emails only to recipients who have given permission.

This requirement applies to business-to-consumer (B2C) communication involving natural persons.

For business-to-business (B2B) communication, rules may differ. While some EU member states allow opt-out, others may still require opt-in.

Existing Business Relationship (Europe)

A business relationship may count as prior consent if the organization collects contact details during a sale.

However, the organization must:

  • Provide an opt-out option at the time of data collection
  • Continue offering opt-out in every message
  • Send messages only about similar products or services

Canada

Canada also requires prior consent (opt-in).

In most cases, recipients must provide express permission. However, in certain situations, implied consent may apply.

Existing Business Relationship (Canada)

If a business or non-business relationship exists, implied consent applies.

This consent remains valid for 36 months, starting from July 1, 2014.

Exceptions

Certain exceptions apply. For example, messages may be sent by:

  • Political parties
  • Charities
  • Family members
  • Individuals in personal relationships
  • Persons within or between organizations

Opt-Out Requirements and Unsubscribing

United States

Every message must include clear opt-out instructions.

Subscribers should not pay any fee or provide unnecessary information. Additionally, they should not complete complex steps.

Instead, they should opt out by replying to an email or visiting a single webpage.

The sender must process the request within 10 days.

Europe

Similarly, Europe requires opt-out instructions in every message.

Moreover, organizations must provide a valid address where recipients can send unsubscribe requests. Without this, sending marketing emails is prohibited.

Existing Business Relationship (Europe)

If a company collects an email address during a sale, it may use it for marketing similar products or services.

However, the company must:

  • Offer a free and simple opt-out option
  • Provide this option both at collection and in every message

Canada

Canada also requires clear opt-out mechanisms.

Subscribers must unsubscribe easily and at no cost. For example, an email may include a clear unsubscribe link that allows users to opt out with one click.

The sender must process requests promptly and no later than 10 business days.

Sender Identity and Message Labelling

United States

The CAN-SPAM Act prohibits:

  • False email header information
  • Open relay abuses
  • Address harvesting
  • Dictionary attacks
  • Other fraudulent practices

Additionally, the subject line must not mislead the recipient. The sender must clearly identify the message as an advertisement or solicitation.

Europe

In Europe, organizations must not disguise or conceal the sender’s identity.

Therefore, transparency remains essential in all communications.

Canada

CASL prohibits:

  • Spam
  • Malware and spyware
  • Address harvesting
  • Unauthorized data alteration
  • Misleading electronic representations

Furthermore, the sender must clearly identify itself and any organization involved.

Contact Information and Postal Address

United States

A valid physical postal address is required.

For example, the sender may include a registered post office box or private mailbox that complies with postal regulations.

Europe

Organizations must include full company details in all business emails. These include:

  • Company name and legal form
  • Place of registration
  • Registration number
  • Registered office address
  • VAT number

Additionally, every message must include a valid return address.

Canada

A valid postal address must be provided.

If including it in the message is not practical, the sender may provide a clear and prominent link to a webpage containing this information.

Checklist of Legal Requirements

Before sending any message, confirm the following:

  • Do you have prior explicit and verifiable permission (opt-in)?
  • Does the message include:
    1. Clear and accurate sender identity?
    2. Accurate subject line?
    3. Clear and easy opt-out instructions?
    4. Physical postal address and company details?
    5. Valid return address?

Additionally:

  • Test subscription and unsubscription mechanisms
  • Review messages carefully before sending
  • Ensure prompt handling of replies and requests

Checklist of Email Marketing Best Practices

Permission and Onboarding

First, obtain permission using a double opt-in process.

Then, send an automated welcome message with clear instructions and expectations.

Readability

Check the HTML email design carefully.

It should work even when images are blocked. Additionally, include a plain text version.

Keep subject lines short and clear, ideally within 25 characters.

Deliverability

Use authentication methods such as:

  • SPF
  • Sender ID
  • DomainKeys
  • DNS records

Also, scan messages to ensure spam filters do not flag them.

Content Quality

Provide content that is relevant, useful, and expected.

This improves engagement and builds trust with recipients.

Unsubscribe Experience

Provide clear unsubscribe instructions in every message.

After a user unsubscribes, send a confirmation or farewell message.

This message should:

  • Confirm the action
  • Offer a chance to give feedback
  • Thank the subscriber