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How To Stay In Line With The Law When Sending Marketing Emails

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06 Jan 2021

With the widespread and frequent use of emails, email marketing campaigns have become the go-to for marketers when it comes to sending out promotional messages. Not only does it serve as a means for sending out promotional emails, but it also helps you improve B2C relations by getting in touch with them in a more direct way.

While it might be the easiest means of communication because all you have to do is type in a message and hit the send button. Even though you might have absolute trust in the quality of the marketing emails that you're intending to send, there's one thing that you need to make sure of before sending them out -the law.

There are specific laws that apply to sending out emails, specifically when it comes to running email marketing campaigns. These laws are in place to protect consumers' privacy and prevent them from receiving malicious or unwanted emails. Having said that, here's what you need to know before sending marketing emails.

What Laws do you Need to Consider When Sending Marketing Emails?

The laws regarding the promotional use of emails for marketing differ depending on the country your business is based in.

All of these laws are intended to help set a guideline for sending marketing emails in a completely legal manner. Without any further ado, let's dive into what laws you'll need to focus on to avoid spamming, endangering your business, and invasion of privacy.

· Privacy Laws

Prior to sending out promotional or marketing emails, it is required by law to have your potential clientele's information. Irrespective of how you collect this information, it has to be under the privacy laws of the country you're based in.

The primary aim of privacy laws is to protect the personal information of your client. Each and every country has their own laws in place to protect the privacy of the residents. In the UK and Europe, laws have been fixed by the Data Protective Agency.

The Data Protective Agency enforces you to collect data with the full consent of the customer. You must also have a transparent purpose as to why you require this data. Apart from this, you should only collect data that is relevant to your business. Moreover, it must also be completely protected by you.

In the US, privacy laws in the form of CalOPPA were set out, the California Online Privacy Protection Act, in 2004. It was the first law made for commercial online websites or services to post a privacy policy online. Under this law, you need to disclose the type of information you'll gather, how it will be shared with others, how the users could review and make amends in the data collected, and the policy's effective date.

On the other hand, In Europe, privacy laws have been assembled by the European Union. European Union is a much more strict law, which allows data specifically for legal purposes. This law applies to almost every European business. The data collected by you is strictly prohibited to remain inside the country.

Another aspect of avoiding invasion of privacy is the Clickwrap or Browsewrap method. This is an "I agree" form for the customers to accept the privacy policy, as well as the terms of use. This option will help confirm and completely legalize your agreement.

One more thing to look out for is that your privacy policy must have permission for you to send marketing emails. If it fails to do so, your email will end up in the illegal category.

· Anti-Spam Laws

In the UK, anti-spam laws are PECR, Privacy and Electronic Communications (EC Directive) Regulations. It enforces you to give authentic and precise information about your services/products. It also requires you to send legal, honest, anti-social marketing emails.

Another thing the UK law requires is for you to show your identity. In case someone is working on your behalf, you must indicate their identity as well.

The last thing to keep in mind in light of anti-spam laws is to give your customers an opt-out option. This will help them feel that your emails are being sent with consent. Besides that, this option should be clear and visible in every marketing email you send.

· Opt-Out/Unsubscribe Links

Do not underestimate or avoid an unsubscribe link. If you forget to add an opt-out or unsubscribe link, you can be heavily fined. In Canada, a company by the name of Compu-finder has paid the largest fine ever of 1.1 million Canadian dollars. This is because they sent their customers emails without consent and the option to unsubscribe or opt-out from their services.

To avoid any penalties, add unsubscribe links at the end of each email you send. This will also help your customers feel like they have consented to the emails you sent. Another thing you can do is remind them of their subscription preferences, redirecting them to their account.

· Prohibited Advertising

Irrespective of how you send out promotional emails, misleading your potential clientele or false advertisement could lead to tough penalties. Deceiving your customers can never end well. Thus, it is strongly advised to avoid misleading customers by providing fake advertisements.

Besides that, avoid using sale tactics where you raise the price initially followed by lowering the cost afterward and claiming it to be the sale price. If you plan on doing so, just keep in mind that many famous companies such as J.C. Penny were filed a lawsuit against. Doing this will not only ruin your reputation, but it will also cost you millions of dollars.

If you claim your product has particular health benefits or safety, back up your statements with factual data. Prove to your customers that your products have the advantages that you claim.


Email marketing is an effective means of getting an impressive ROI. However, there are specific laws that you need to factor in before using email marketing. These include privacy and anti-spam laws. While each of them differs by the country you're in, they only have one primary focus, i.e., to protect its consumers.

Apart from the laws, you must also provide opt-out/unsubscribe links and prevent using fake advertisement and sales techniques. Failure to do so would lead to hefty penalties.

Marketers often use software applications to send out bulk emails for their email marketing campaigns, and are faced with serious legal issues. But there is one software -the CBT Mass Email Sender that makes your life easier without endangering your reputation. Not only does the software enhance your efficiency but also ensures excellent ROI.

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