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#Opt-In Laws in North America and Europe

Legislation

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

The CAN-SPAM Act covers commercial email messages with the primary purpose of advertisement or promotion of a commercial product or service.

Europe

"EU Opt-In Directive"

Directive 2003/58/EC (amending Council Directive 68/151/EEC)

The EU Opt-In Directive covers all direct email marketing messages, including charitable and political messages.

Opt-In Requirements and Permission

No, the CAN-SPAM Act allows direct marketing email messages to be sent to anyone, without permission, until the recipient explicitly requests that they cease (opt-out).

Europe

Yes, direct marketing email messages may be sent only to recipients who have given their prior consent (opt-in). Prior permission is required for business-to-consumer (B2C) communication covering all "natural persons".

For business-to-business communication (B2B), i.e. "legal persons", EU member states are free to make opt-out the minimum legislation. However, national legislation of member states can require opt-in for B2B email communication too.

Existing Business Relationship:

A business relationship in which contact information was obtained constitutes prior consent as long as a means to opt out was provided at the same time and continues to be provided with each such message and each message is about similar products or services by the same company.

Canada

Yes, commercial electronic messages may be sent only to recipients who have given their prior consent (opt-in). All recipients' express, or in certain cases implied, prior permission is required.

Opt-Out Requirements and Unsubscribing

Yes, every message must include opt-out instructions. Subscribers cannot be required to pay a fee, provide information other than their email address and opt-out preferences, or take any steps other than sending a reply email message or visiting a single Internet web page to opt out of receiving future email from a sender. The sender must honor the opt-out request within 10 days.

Yes, every message must include opt-out instructions. Sending email for purposes of direct marketing without a valid address to which the recipient may send a request that such communications cease is prohibited.

Sender Identity and Message Labeling

Contact Information and Postal Address

Yes, a valid physical postal address is required. A sender of commercial email can include an accurately registered post office box or private mailbox established under United States Postal Service regulations to satisfy the requirement that a commercial email display a valid physical postal address.

Europe

Yes, the same information disclosure requirements apply to business email as to physical business letters. Companies registered or operating in the EU need to state their company details on every electronic business communication sent from their organization. Business email messages sent by a company should include:

The full name of the company and its legal form The place of registration of the company The registration number The address of the registered office The VAT number

A valid return address must be always provided.

Yes, a valid postal address, where the sender can be reached by the recipient, must be provided. When it is not practical to include this information in the body of the message, then a clear and prominent link to a web page containing this information is an acceptable practice.