Learn how to protect your business, meet legal obligations, and build trust with your audience through clear privacy policies and compliance with evolving regulations. From GDPR requirements on Facebook and LinkedIn ads to crafting compliant email marketing strategies, this guide covers the essentials to keep your campaigns lawful and effective.
Resources / Guides / Social Media and Email Marketing Compliance
Published by Usercentrics
6 mins to read
Sep 26, 2024

Email marketing compliance best practices and tips

Although email is a powerful tool for engaging with your audience and driving business growth, understanding the intricate compliance requirements can be daunting. 

It’s not easy to make your email marketing messages stand out in users’ busy inboxes while conforming to anti-spam laws and consumer expectations changes. This is on top of existing challenges, like the rising costs of email marketing as your list grows; meaning that every contact in your list counts.

Email marketing compliance best practices and tips Chapter

This guide aims to demystify email marketing compliance to help you manage your compliance responsibilities while executing effective campaigns. We also cover tips and best practices to help you create compliant, respectful, and successful email campaigns.

What is compliance in email marketing?

Email marketing compliance is about adhering to regulations that govern how businesses send commercial emails, in order to protect users from spam and ensure their privacy rights are respected. 

Specific compliance requirements vary according to regional laws, but almost always include the need to obtain valid and unambiguous consent before sending emails, provide clear and easy unsubscribe options, and accurately identify the sender. 

Compliance also extends to data protection measures and honoring user preferences. Understanding and implementing these requirements is crucial for any business engaging in email marketing.

How legal compliance requirements impact your email marketing efforts

Compliance shapes every stage of your email marketing process, from list building to campaign execution and data management. 

For example, privacy laws dictate who you’re allowed to send emails to and how you must obtain and manage your contact lists (most regulations call for explicit consent before you can add someone to your mailing list). Privacy laws can also impact your email content, such as requiring a business address, a link to your privacy policy, and a clear way to unsubscribe.

These laws can also impact how you structure your email subject lines, ensuring they accurately reflect its contents and sender. They even dictate how quickly you must honor unsubscribe requests and the steps you must take to manage and protect user data. 

8 tips for email marketing compliance and best practices

Implementing these best practices will help ensure your email marketing efforts are compliant, effective, and respectful of your audience’s privacy.

1. Know where your email recipients are located

Understanding where email recipients are located is necessary for compliance. Different regions have their own regulations and you will need to tailor your practices to comply with relevant laws. 

For example, no matter where your business is located, if you have subscribers in the EU, you’ll need to comply with the GDPR, while US recipients fall under the CAN-SPAM Act, and California residents fall under the additional 20 state-level laws such as the CCPA, with more likely to come.

2. Collect and record email consent ahead of time

Obtaining and recording explicit consent, or consent-based marketing, is a fundamental aspect of email marketing compliance in most major regions. Make sure you have a clear opt-in process where users actively choose to join your mailing list, either through a checkbox on a sign-up form or a double opt-in process where users confirm their subscription via email.

“Obtain explicit consent before collecting any data or kicking off any campaigns. Keep comprehensive records of consent management in case they’re needed for an audit or data subject access request.”
— CMO of Usercentrics

3. Identify your message accurately

Accurately identifying the content of your message isn’t just good practice, it’s often a legal requirement. Ensure your email subject lines and headers clearly reflect the content and purpose of your message. Avoid deceptive or misleading subject lines that could be construed as an attempt to trick recipients into opening the email.

Be transparent about the nature of your communication, whether it’s promotional, transactional or informational. This honesty builds trust with your audience and complies with regulations like the CAN-SPAM Act, which explicitly prohibits deceptive subject lines and requires clear identification of advertising messages.

“Be transparent: about the company’s identity, any relevant sponsorships or partnerships, what data you collect and how it’s used, instructions for changing or revoking consent, and preferences,” continues Peltea.

4. Include your business information in your messages

Including your business information in every email is a common requirement across email marketing regulations. This typically includes your company’s physical mailing address and an easily accessible contact method, such as an email address or web form.

While a physical address is often mandatory, offering digital contact options enhances the user experience and aligns with modern communication preferences. This transparency not only ensures compliance but also builds credibility with your audience. 

5. Always offer opt-out options and honor requests quickly

Understanding opt-in vs. opt-out consent and providing clear and easy opt-out options is critical for both compliance and maintaining a positive brand reputation. Every marketing email should include a prominent and straightforward unsubscribe link, typically in the footer. 

Peltea notes: “Ensure unsubscribing or changing preferences is easily accessible and user-friendly to complete.”

Honoring these requests promptly is especially important from a marketing perspective. Even if someone forgets they signed up or is doing a mass unsubscribe, a difficult opt-out process can lead to frustration and potential complaints. Respecting user choices in this way enhances customer experience and your brand reputation. Some laws specify a maximum number of days in which you must honor an unsubscribe request.

6. Effectively manage user preferences

Effective preference management is key to both compliance and enhancing user experience. Consider using a centralized preference management tool that allows subscribers to easily update their information and communication preferences, like the Usercentrics Preference Manager. You could include options for email frequency, content types, or specific topics of interest.
By combining preference management with consent management, you create a more accurate and personalized email experience. This consent-based marketing approach helps maintain compliance by honoring user consent choices and improves engagement by ensuring that subscribers receive content they’re interested in. A well-designed preference manager can significantly reduce unsubscribes and improve overall campaign performance.

7. Monitor, audit, and regularly update your practices

Maintaining compliance is an ongoing process that requires regular monitoring and updating. Following best practices can lessen the chances of time-consuming and costly investigations. 

“Regularly review and audit regulatory compliance requirements, technologies in use, data held and its handling, consent status, and other relevant aspects of email and other marketing operations.”
— CMO of Usercentrics

Conduct periodic audits of your email marketing practices to ensure they align with current regulations and best practices. These audits will include reviewing the technologies you use and your consent collection methods and checking the accuracy of your subscriber data.

Regularly clean your email lists to remove inactive subscribers and invalid email addresses. Implement a system for storing, tracking, and analyzing key metrics related to compliance, such as unsubscribe rates and complaint rates. Use these insights to continuously refine and improve your email marketing strategies.

8. Stay updated with changes in email marketing regulations and technologies

Email marketing regulations and technologies are constantly evolving. Stay informed about changes in laws and regulations that may affect your email marketing practices. Subscribe to industry newsletters, attend webinars, and participate in professional forums to keep up with the latest developments.

“Stay up to date on relevant regulations, policies, and business requirements, as well as the technologies you’re using and the data you manage,” advises Peltea. 

Keep an eye on technological advancements that can help streamline compliance, such as new features in email marketing platforms or improvements in consent management tools. Staying updated allows you to proactively adapt your practices. As your policies and methods evolve, make sure you keep previous versions available for future reference or audit.

Download our webinar on data management, marketing, and compliance.

Keep your emails compliant and respect user preferences

Maintaining compliance in email marketing is not just about following rules, it’s about building trust with your audience and creating more effective, respectful marketing communications. By implementing best practices, you can ensure your email marketing efforts are compliant and user-friendly. You will also build trust and contribute to your competitiveness, business revenue, and long-term growth.

Remember, consent management and user preferences go hand in hand. Tools like the Usercentrics Preference Manager are invaluable for managing user preferences across platforms, while the Usercentrics CMP offers dynamic and comprehensive consent management that helps you to meet and maintain compliance. 

These tools not only mitigate legal risks, they help you create more engaging and successful email marketing campaigns. Stay informed, be proactive, and always put your audience’s choices at the forefront of your email marketing strategy. 

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Navigate global data privacy laws and obtain consented email marketing data with the Usercentrics CMP.

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Frequently asked questions

Do marketing emails need to be HIPAA compliant?

Marketing emails generally do not need to be HIPAA compliant unless they contain Protected Health Information (PHI). HIPAA (Health Insurance Portability and Accountability Act) applies specifically to healthcare providers, health plans, and healthcare clearinghouses.

However, if you’re in the healthcare industry and your emails might contain PHI, it’s crucial to ensure HIPAA compliance. This includes securing the transmission of emails, obtaining proper authorization, and limiting the disclosure of health information.

Do marketing emails need to be GDPR or CCPA-compliant?

Yes, marketing emails need to be compliant with the GDPR if you’re sending emails to individuals in the European Union, and with the CCPA if you’re targeting California residents. Both of these regulations have specific requirements for email marketing.

The GDPR requires explicit consent before sending marketing emails, along with clear information about your identity and intent, details on data processing, and easy opt-out options. It also mandates that businesses use security best practices for data transmission, and protect personal data and user rights, such as the users’ right to access their data or have it deleted.

The CCPA focuses on transparency surrounding data collection and usage and gives consumers the right to opt out of the sale of their personal information. While it doesn’t specifically regulate email marketing, it impacts how you collect and use email addresses and other personal data for marketing purposes.

What are email marketing regulations?

Email marketing regulations are laws and guidelines that govern how businesses can conduct email marketing campaigns. These regulations aim to protect consumers from spam, ensure privacy, and establish standards for commercial email practices. Some key email marketing regulations include:

  1. CAN-SPAM Act (USA): Sets rules for commercial emails, requires honesty in subject lines and sender information, and mandates easy opt-out methods.
  2. The GDPR (EU): Requires explicit consent for email marketing, transparency in data collection and use, and gives individuals control over their personal data.
  3. CASL (Canada): Requires consent before sending commercial electronic messages and mandates clear identification and unsubscribe mechanisms.
  4. PECR (UK): Complements the GDPR in regulating electronic communications, including emails, and requires consent for most marketing messages.
  5. CCPA (California): While not specific to email marketing, it impacts how businesses collect and use personal information for marketing purposes.

These regulations typically cover areas such as obtaining consent, providing opt-out options, identifying the sender, and meeting specific content requirements. Compliance with these regulations is crucial to avoid penalties and maintain trust with your audience.

Do data privacy laws have email marketing requirements?

Yes, data privacy laws often have specific requirements that impact email marketing practices. While these laws may not always explicitly mention email marketing, their provisions on personal data collection, usage, and protection directly affect how businesses conduct email marketing campaigns. Some key requirements include:

  1. Consent: Many privacy laws require businesses to obtain explicit consent before collecting and using personal data for marketing purposes, including email addresses.
  2. Transparency: Businesses must clearly inform individuals about how their data will be used, including for email marketing purposes.
  3. Data protection: Email lists and associated personal data must be securely stored and protected from unauthorized access or breaches.
  4. User rights: Laws like the GDPR and CCPA grant individuals rights over their personal data, such as the right to access, correct, or delete their information, which applies to email marketing data.
  5. Opt-out mechanisms: Privacy laws often require easy and clear methods for individuals to opt out of marketing communications.
  6. Data retention: There may be limitations on how long personal data can be retained for marketing purposes.
  7. Cross-border data transfers: Some laws restrict how personal data can be transferred across national borders, which can affect global email marketing campaigns.