When it comes to email marketing compliance we pride ourself on helping you navigate this ever-evolving landscape - we’ve got you covered.
What are the laws around email marketing?
Each country tends to have their own laws around the commercial use of email marketing. And each set of laws tend to have different requirements for email marketers. Here’s a few of the most common:
USA CAN-SPAM Act
Canada Canada’s Anti Spam Legislation
Australia Spam Act 2003
United Kingdom Privacy and Electronic Communications Regulations of 2003
South Africa Electronic Communications Amendment Act
South Africa Protection of Personal information (POPI)
These laws are in place to protect consumers from receiving unsolicited emails, also known as spam. Email marketers must comply with these laws and it’s worth noting they carry significant fines if broken.
But don’t let this scare you off email marketing! The thing is, if you’re a legitimate business, and you use a credible email marketing service provider, like Vision6, you’re probably already following the rules.
How can I ensure I’m spam compliant?
If your business uses any form of e-marketing, including email, SMS (text message), MMS (image-based text messages) or instant messaging, you must understand and meet the following requirements.
Permission based marketing is the cornerstone of most spam laws. You must receive permission from people to send them emails. There's two types of permission:
Express permission - this means someone has specifically given your permission to email them. For example, they may have subscribed via a form on your website or given you their email address during the purchase process.
Implied or inferred permission - this is a slightly grayer area and covers anyone who you have an existing business relationship with. For example a current customer or donor.
You must always identify who the email is from. To do this, you must include your contact information (including your business address) inside every promotional email that you send. This can be either a mailing address or PO Box where you can receive mail, but it can't be a website or email address. By providing this information you will build a level of trust with your customers.
It is imperative to give people an easy opt out. Your email must contain a functional ‘unsubscribe’ facility to allow the recipient to opt out from receiving messages from that source in the future. To comply with CAN-SPAM laws, unsubscribe requests must be honoured within 10 working days.
Include accurate header information
Header information includes your From name, subject line and reply-to address. This information must not be misleading.
Disclose that your email is an advertisement
There’s a fair bit of flexibility around this requirement, and its main purpose is to prevent businesses deceiving their subscribers into believing the email is from a person (rather than a brand or company).
How does Vision6 help you with spam compliance?
Vision6 provides a range of features that give peace of mind when it comes to your legal requirements with spam. Our system has a number of features that help ensure you’re compliant.
Vision6 provides various tools to help you collect expressed permission.
Webforms to help you capture and record expressed consent from your subscribers.
Autoresponders for double opt in processes, which is best practice on the matter of gaining permission.
Any email created in Vision6 will automatically contain your company name and address default. So there’s no need for you to include additional identification details (unless you want to of course).
And finally, Vision6 includes an automated unsubscribe facility default in all of your email messages. Features include:
One click unsubscribe function.
Removes previous unsubscribes upon upload.
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