I'm not a lawyer, and this isn't legal advice.
I get a lot of questions about spam laws both domestic and international. I study various email, privacy, and spam-related laws out there, so I tend to be the one that people ask first when they have a question. All fine and good, I'm happy to share what I've read. But I'm not a substitute for the real thing; ultimately, anyone with legal questions needs to consult with an attorney qualified in the area of concern.
A lot of my advice boils down to "don't spam," and that's for a reason. If your processes are truly opt-in, you're not spamming, and you're not likely to run afoul of any relevant email permission-related regulations. "Don't spam" works well as an answer to almost any spam law-related question.
Here's a few examples:
What does CAN-SPAM mean to me?
It means you shouldn't spam. Spam may be legal, but it also allows ISPs to block it, and all competent ISPs block as much spam as they possibly can. Your mail is not likely to deliver well if it's spam.
What does the new Canadian spam law mean to me?
It's hard to say exactly, because the current version under consideration has not passed yet, and may not be the final version. But, whatever comes, "don't spam" is likely to be the right advice. If you send mail only to recipients who ask for it, I would be surprised if you were not in compliance with the new Canadian law.
How will the new Dutch B2B email restrictions affect me?
As long as you don't spam, they won't affect you negatively. My understanding of the new requirements is that they close a loophole that allowed treating B2B addresses different than B2C addresses. It was already against the law to send unsolicited commercial messages to B2C addresses. Now, any mailings to B2B addresses must also be sent only to recipients who have opted-in.
Keep in mind that no such distinction between B2B and B2C ever existed in ExactTarget's policies. Whether you are mailing consumers or businesses, your recipient lists may only be comprised of email addresses where the owner of that address has specifically told you that they wish to receive email from you.
I get a lot of questions about spam laws both domestic and international. I study various email, privacy, and spam-related laws out there, so I tend to be the one that people ask first when they have a question. All fine and good, I'm happy to share what I've read. But I'm not a substitute for the real thing; ultimately, anyone with legal questions needs to consult with an attorney qualified in the area of concern.
A lot of my advice boils down to "don't spam," and that's for a reason. If your processes are truly opt-in, you're not spamming, and you're not likely to run afoul of any relevant email permission-related regulations. "Don't spam" works well as an answer to almost any spam law-related question.
Here's a few examples:
What does CAN-SPAM mean to me?
It means you shouldn't spam. Spam may be legal, but it also allows ISPs to block it, and all competent ISPs block as much spam as they possibly can. Your mail is not likely to deliver well if it's spam.
What does the new Canadian spam law mean to me?
It's hard to say exactly, because the current version under consideration has not passed yet, and may not be the final version. But, whatever comes, "don't spam" is likely to be the right advice. If you send mail only to recipients who ask for it, I would be surprised if you were not in compliance with the new Canadian law.
How will the new Dutch B2B email restrictions affect me?
As long as you don't spam, they won't affect you negatively. My understanding of the new requirements is that they close a loophole that allowed treating B2B addresses different than B2C addresses. It was already against the law to send unsolicited commercial messages to B2C addresses. Now, any mailings to B2B addresses must also be sent only to recipients who have opted-in.
Keep in mind that no such distinction between B2B and B2C ever existed in ExactTarget's policies. Whether you are mailing consumers or businesses, your recipient lists may only be comprised of email addresses where the owner of that address has specifically told you that they wish to receive email from you.
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