Read This First
This page is a general overview, not legal advice. Laws change, details matter and the rules that apply depend on where your recipients live, not just where you are. For specific situations, check official guidance or speak to a qualified professional.
That said, the core principles are consistent: send email to people who want it, be honest about who you are and what you're sending, and let people opt out easily.
United States: CAN-SPAM
The CAN-SPAM Act covers commercial email, including business-to-business email. According to the Federal Trade Commission's guidance, the main requirements are:
- Don't use false or misleading header information, such as the From name and address.
- Don't use deceptive subject lines.
- Identify the message as an advertisement where it is one.
- Include your valid physical postal address.
- Tell recipients how to opt out of future marketing email.
- Honor opt-out requests within 10 business days.
- Monitor what others do on your behalf, since hiring another company doesn't remove your responsibility.
Opt-out mechanisms must keep working for at least 30 days after you send, and you can't charge a fee or require more than an email address and a simple step to opt out. Purely transactional messages, such as receipts, are treated differently. Penalties can be significant for each violating email.
EU: GDPR and Electronic Marketing Rules
In the European Union, the General Data Protection Regulation (GDPR) governs personal data, and separate ePrivacy rules cover electronic marketing. In general, marketing email to individuals requires consent that is freely given, specific, informed and unambiguous, such as an unticked box the person chooses to tick.
You also need to tell people how you'll use their data, keep records of consent and let them withdraw it easily. Some countries also expect or favor confirmed opt-in.
United Kingdom
The UK has its own version of GDPR alongside rules on electronic marketing (PECR). Marketing email to individuals generally requires consent, with a limited "soft opt-in" exception for existing customers who bought similar products and were given a chance to opt out.
Canada: CASL
Canada's Anti-Spam Legislation (CASL) generally requires consent before sending commercial electronic messages. Consent can be express or, in limited situations, implied, such as an existing business relationship within certain time limits.
Messages must identify the sender, include contact information and offer an unsubscribe mechanism.
Other Places
Australia, many European countries and others have their own rules, often similar to the above. If you have subscribers in many countries, building to the strictest common standard, clear consent, honest identification and easy unsubscribing, is the simplest approach.
A Practical Compliance Checklist
| Practice | Why it helps |
|---|---|
| Collect clear opt-in consent | Required or expected in many places |
| Use unticked checkboxes for extra permissions | Shows consent was freely given |
| Keep records of when and how people subscribed | Lets you demonstrate consent |
| Use honest From names and subject lines | Required under CAN-SPAM and good practice everywhere |
| Include your physical address | Required under CAN-SPAM and CASL |
| Include a working unsubscribe link in every marketing email | Required almost everywhere |
| Process unsubscribes quickly | Required, and expected by Gmail and Yahoo too |
| Publish a privacy policy | Required where data protection laws apply |
| Never buy or rent lists of individuals | Purchased lists rarely have valid consent |
How AWeber Helps
AWeber adds an unsubscribe link and your physical address to marketing emails, processes unsubscribes automatically, supports confirmed opt-in and records signup details such as the form and date. Its import review helps keep lists without permission off the platform.
These tools help, but compliance remains your responsibility. See double vs single opt-in and buying email lists.
Use AWeber's forms, confirmed opt-in and automatic unsubscribe handling to run email marketing the right way.
Email Marketing Law FAQs
Do I need permission to send marketing emails?
In many places, yes. Even where not strictly required, permission-based lists perform better and protect deliverability.
What does CAN-SPAM require?
Honest headers and subject lines, identifying ads, a physical address, an opt-out and honoring opt-outs within 10 business days.
Does GDPR apply to my business?
It can if you email people in the EU, even if your business is elsewhere. Check official guidance for your situation.
Do I need a physical address in my emails?
Under CAN-SPAM and CASL, yes. A registered PO box or private mailbox can be acceptable in the US.