Global email campaigns must comply with the anti-spam laws of the countries your recipients live in. Included in this deck are the links to anti-spam legislation in countries outside the US or the name of the country's anti-spam law. * The following should not be construed as legal advice. ABOUT ME: I am passionate about helping people & organizations communicate with clarity using digital tools so they can develop stronger, more meaningful relationships & impact their world. Currently looking for new career opportunity in Email Marketing, Digital Marketing or Online Product Management. Learn more about me at: www.linkedin.com/in/josuesierra/

1. CAN-SPAM &
Global Spam
Regulations
Provided by Josue Sierra
jmsierra@josuesierra.net

2. Background
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Global email campaigns must comply with the anti-spam laws of
the countries your recipients live in. Included in this deck are the
links to anti-spam legislation in countries outside the US or the
name of the country's anti-spam law.
* The following should not be construed as legal advice.

3. The CAN-SPAM Act
The CAN-SPAM Act, a law that sets the rules for commercial email, establishes
requirements for commercial messages, gives recipients the right to have you
stop emailing them, and spells out tough penalties for violations.
The CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial
messages, which the law defines as “any electronic mail message the primary
purpose of which is the commercial advertisement or promotion of a
commercial product or service,” including email that promotes content on
commercial websites.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of
up to $16,000, so non-compliance can be costly. Following is a rundown of
CAN-SPAM’s main requirements:
* The following should not be construed as legal advice.

4. The CAN-SPAM Act Compliance Guide
1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing
information – including the originating domain name and email address – must be accurate and identify the
person or business who initiated the message.
2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the
message.
3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must
disclose clearly and conspicuously that your message is an advertisement.
4. Tell recipients where you’re located. Your message must include your valid physical postal address.
5. Tell recipients how to opt out of receiving future email from you. Your message must include
a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.
Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use
of type size, color, and location can improve clarity. Give a return email address or another easy Internet-
based way to allow people to communicate their choice to you.
6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out
requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request
within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying
information beyond an email address, or make the recipient take any step other than sending a reply email or
visiting a single page on an Internet website as a condition for honoring an opt-out request.
7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another
company to handle your email marketing, you can’t contract away your legal responsibility to comply with the
law.
* The following should not be construed as legal advice.

5. CAN-SPAM Do’s & Don’ts:
DO
• Do include your valid physical postal
address in every email you send out.
• Do provide a clear and obvious way to
opt out of every email you send out, and
honor the unsubscribe within 10
business days.
• Do use clear "From," "To," and "Reply
to" language that accurately reflects who
you are. This applies to the person or
business sending the message, as well
as the domain name and email address.
DON'T
• Don't sell or transfer any email
addresses to another list.
• Don't make it hard to unsubscribe from
emails. You cannot
1) charge a fee
2) require a recipient to provide
personally identifying information
beyond an email address, or
3) make recipients take extensive
steps other than simply replying to an
email or visiting a single page on a
website to unsubscribe themselves
from your emails.
• Don't use deceptive subject lines in your
emails that misrepresent the contents of
your message.
* The following should not be construed as legal advice.

6. International Requirements By Country
Canada- C-28
• Is now termed Canada’s Anti-Spam Legislation (CASL) which amends the Canadian Radio-
television and Telecommunications Commission Act, the Competition Act, the Personal
Information Protection and Electronic Documents Act and the Telecommunications Act. It is very
similar to CAN-SPAM but has some minor differences and covers all electronic messages not
just email.
Australia
• Spam Act 2003, Act No. 129 of 2003 as amended.
EU
• Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of
privacy in the electronic communications sector (Directive on privacy and electronic
communications).
• The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities
(CNSA).
• The Directive is implemented by each member state independently so you will want to check
with your particular country law for more details.
UK
• The Privacy and Electronic Communications (EC Directive) Regulations

7. International Requirements By Country
Austria
• Telecommunications Act 2003
Belgium
• Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003,
July 4, 2003
Cyprus
• Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law
12 (I) / 2004 deals with unsolicited communications (spam)
Czech Republic
• Act No. 480/2004 Coll., on Certain Information Society Services
Estonia
• Information Society Service Act

8. International Requirements By Country
France
• Falls under the Commission Nationale de l'Informatique et des Libertés (CNIL) [National Data
Processing and Liberties Commission], Electronic Mailing and Data Protection (Oct. 14, 1999)
(French) CNIL Guidelines on email marketing.
Germany
• Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG)
• Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding
Information Society Services Art. 28 Par. 4 of the German Data Protection Act

9. International Requirements By Country
Italy
• Italy's anti-spam laws are very strict. You can even be imprisoned for sending spam. If you're
sending to Italian recipients, you'd want to follow these guidelines as well.
• Personal Data Protection Code (legislative decree no. 196/2003)
• The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive
2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and
regulations in this sector.
• DL 196/2003 Personal Data Protection Code • DL 675/1996 on privacy protection states, inter alia,
that a company must have authorization from each user whose personal data (such as e-mail) they
want to use. • DL 171/1998 (deriving from the European Community directive 97/66/CE) on
telecommunications privacy protection: this put outlaws all automatic systems to call a user and
says that all the expenses of an advertising must be paid by the company and not the user (faxes
and e-mails are instead paid also by the user).
• DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection
with respect to long-distance contracts: this obliges companies to seek the permission of the user
for virtual or telephone sales.
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10. International Requirements By Country
Netherlands
• Article 11.7 of the Dutch Telecommunications Act and Dutch Data Protection Act.
Sweden
• Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450).
• Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve
processing of personal data.
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