Email Append Source

The US Can-Spam Act is the most famous anti-spam legislation, but not the only one. Get all the details here and see how Can-Spam affects your email append and email marketing endeavors. Please note that laws and their interpretation change, so articles can date quickly and proper legal advice can only come from an attorney.
(The following information is courtesy of Email Marketing Reports.)

Anti-spam laws in the USA

The CAN-SPAM Act (FTC Official Website)
This page at the FTC leads you to documentation on your responsibilities when it comes Can-Spam, with a second document about honoring unsubscribe requests. The site also has FTC statements, reports and news releases on the legislation.

Your Can-Spam Questions Answered (MarketingSherpa, PDF)
Transcript of an open forum on the topic featuring two email marketing/deliverability experts.

How Two FTC Actions Affect E-Mail Marketing (DMNews)
Court cases brought by the FTC under Can-Spam include more insights into how that law is interpreted. Important reading, especially if you use forward-to-a-friend facilities.

Anti-spam laws in Canada

The Canadian Government tabled anti-spam legislation in early 2009. Bill C-27 “The Electronic Commerce Protection Act” addresses spam, counterfeit websites and spyware. The proposed legislation also amends Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), which covers online privacy in detail and contains many provisions relevant to email marketing. Alternative anti-spam legislation (S-220) is also going through Canada’s Senate. More to come.

Anti-spam laws and the EU

The EU issued a formal “Privacy and Electronic Communications” Directive in 2002, specifically covering the sending of unsolicited commercial email. Member states are obliged to implement directives in their own national legislation. Indeed, EU directives carry no practical implications on their own, but only when actually transcribed into local laws.

Don’t expect all EU countries to share common email marketing laws, though, despite the standard established in the EU document. The directive leaves it up to each country to choose their preferred approach on some issues. Countries also differ in how they interpret the wording of the directive. So although the EU documents give you an overview of the base standard in Europe, you still need to check each country’s local email marketing laws on a case-by-case basis.

Unsolicited Communications (Official Website)
Page from the EU with information and links on EU anti-spam legislation and activities. Check the news section for updates on relevant EU policy and projects.

Anti-spam laws in the UK

The British government implemented the relevant EU directive in December 2003 with the Privacy and Electronic Communications Regulations. The legislation has attracted criticism for being too weak, for example by making it legal to send unsolicited email to businesses on a purely opt-out basis. Tougher legislation can be expected in the future. Mainstream advertisers also need to comply with industry self-regulation in the form of various codes of practice.

Privacy and Electronic Communications (Official Website)
This page at the UK’s Information Commissioner’s Office directs you to relevant regulations, guidelines, FAQs and other documents governing the sending of commercial email in the UK.

Anti-spam laws in Australia

Australia’s anti-spam law is the Spam Act 2003. A 2006 review confirmed the usefulness of the legislation such that significant changes are not expected. There are also two important codes of practice relevant to email marketers. See below for links to further information.

Department of Communications, Information Technology and the Arts (Official Website)
Formal anti-spam hub page from the relevant government authority, with various documents related to the Spam Act 2003.

Anti-spam laws in Asia

If you’re doing email business in Asia, a few new and proposed laws are worth keeping note of. The Japanese authorities are gearing up to revise their anti-spam law.The current law is pretty weak, allowing unsolicited email provided the email is labeled correctly and the content satisfies certain criteria. The new proposals look like they would ban unsolicited emails, presumably meaning a switch to opt-in requirements.

Singapore enacted the Spam Control Act in June. For relevant links, look to the legislation box at the Singapore Spam Control Resource Centre. A quick read of the Act suggests it’s not dissimilar to the USA’s Can-Spam legislation, since it requires opt-out only. Unsolicited bulk email should carry the ADV tag in the subject line.

Hong Kong also put out their Unsolicited Electronic Messaging Ordinance in June. A second part follows towards the end of the year. Again, it takes an opt-out approach. More details from the Office of the Telecommunications Authority.

Final Note

If you are aware of any new or revised legislation please email me so that it can be reviewed and posted on EmailAppendSource.com