Email Marketing

Definition

The practice of sending commercial messages to individuals via email to promote products, services, or brands. Email marketing is heavily regulated because it involves processing personal data and can be intrusive. Different jurisdictions have varying requirements—some require opt-in consent before sending marketing emails (like under ePrivacy Directive), while others allow opt-out approaches (like CAN-SPAM for B2B in the U.S.). Best practices include obtaining appropriate consent or relying on legitimate interest for existing customers, providing clear identification of the sender, including physical address, offering easy unsubscribe mechanisms, honoring opt-outs promptly, maintaining suppression lists, avoiding deceptive subject lines, and segmenting audiences for relevant content. Email marketing must comply with anti-spam laws, privacy regulations, and consumer protection standards. Responsible email marketing balances business objectives with respect for recipient preferences and privacy.

Applicable Laws & Regulations

  1. 1CAN-SPAM Act 15 U.S.C. §7701 - Commercial email requirements
  2. 2GDPR Article 21 - Right to object to direct marketing
  3. 3ePrivacy Directive Article 13 - Unsolicited communications

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