Compliance with Anti-Spam Law
Ultimately, you are responsible for adhering with spam laws, maintaining your email list, and complying to unsubscriber’s requests.
Laws are every changing and evolving.
This information is meant to help you comply with the anti-spam law but not meant to be legal advice.
Gathering Subscribers and complying with Unsubscribers
Gathering subscribers
Your email list is Opt-in only. Everyone has opted in to your list. No one was added without their expressed and verifiable permission.
Note:
- Provide a clear description of the emails you’ll be sending (newsletters, marketing material, fund raising)
- Don’t automatically add people to your list. “Expressed and verifiable permission is either something in writing or using a sign-up form.”
- Keep this information for your records. Information to include: when it was obtained, why it was obtained (description of purpose of email), and the manner in which it was obtained (writing or form (URL)).
Sign-up form
If using a form, check boxes cannot be pre-filled in that suggests the subscriber is opting in.
Email address and description of what you’ll be sending are the only requirements of the user. Also include the date and time of submission and the URL of the form.
Required Information in the Email
The following information is required in all mailings.
- Unsubscribe link (Link must me active for 30 days after the last mailing of the list.)
- A clear ID (personal name or business) of who is sending the email
- A postal address
- A link to contact sender (email link or contact us page)
- A working Reply-to email address
Complying with Unsubscribers
Remove unsubscribers within 10 days after receiving notification.
Note: The unsubscribe link must be active for 60 days after the last mailing from the list.
If you use an email client other than auto_cahrns lists, crimson communique, or MailChimp
- Do not require anything other than an email address to unsubscribe from your list
- Do not ask subscribers to log in to unsubscribe
- Do not ask subscribers to visit more than 1 page to submit their request to unsubscribe (from the unsubscribe in within the email)
More Information on International Spam Laws
The Importance of Permission – [MailChimp]
The Ultimate Guide to International Email Law [Infographic] – [Litmus]
CAN-SPAM Act: A Compliance Guide for Business – [Federal Trade Commission]
About the Canada Anti-Spam Law (CASL) – [MailChimp]
Frequently Asked Questions about Canada’s Anti-Spam Legislation – [Government of Canada]