Last Updated: September 13, 2025
Email marketing compliance is essential for protecting your business from legal penalties and maintaining trust with your audience. This comprehensive guide covers the two major anti-spam laws that affect email marketers: the CAN-SPAM Act (United States) and CASL (Canada).
Important: Non-compliance can result in significant financial penalties and legal consequences. CAN-SPAM violations can cost up to $53,088 per email, while CASL violations can reach $10 million for corporations.
Understanding the potential consequences of non-compliance is crucial for any email marketing operation.
| Violation Type | Maximum Penalty (2025) | Enforcement Authority |
|---|---|---|
| Per Email Violation | $53,088 | Federal Trade Commission (FTC) |
| Criminal Violations | Up to 5 years imprisonment | Department of Justice (DOJ) |
| Aggravated Violations | Up to 3 years imprisonment | Department of Justice (DOJ) |
| Entity Type | Maximum Penalty | Enforcement Authority |
|---|---|---|
| Individuals | $1 million per violation | CRTC, Competition Bureau |
| Corporations | $10 million per violation | CRTC, Competition Bureau |
Recent Enforcement: Both US and Canadian authorities have increased enforcement activity significantly in 2024-2025, with notable cases like Verkada's $2.95 million CAN-SPAM penalty for 30+ million emails without proper opt-out mechanisms.
The Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act is the primary US law governing commercial email. Enacted in 2003, it applies to all commercial electronic mail sent to recipients within the United States.
Effective January 1, 2004, under Federal Trade Commission authority (16 CFR Part 316)
All commercial electronic mail sent to recipients within the United States, regardless of sender location
Maximum $53,088 per email violation (2025 adjusted amount)
| Email Type | CAN-SPAM Applies? | Examples |
|---|---|---|
| Commercial/Marketing | Yes - Full Requirements | Newsletters, promotions, advertisements |
| Transactional | Partial - Headers Only | Order confirmations, shipping updates |
| Mixed Content | Yes - Full Requirements | Receipt + promotional content |
Every commercial email must comply with these seven requirements to avoid violations.
All "From," "To," "Reply-To," and routing information must accurately identify the sender. No false or misleading header information is permitted.
Subject lines must accurately reflect the email content. Misleading urgency, false offers, or deceptive personalization are prohibited.
Clear identification as an advertisement or solicitation, unless the recipient provided prior consent.
Valid postal address must be included - street address, PO Box, or registered private mailbox.
Clear, conspicuous unsubscribe option must be provided and remain functional for at least 30 days.
Honor unsubscribe requests within 10 business days maximum - immediate processing recommended.
Cannot sell, transfer, or continue sending to opted-out email addresses. Suppression must be permanent.
Critical: Each requirement applies to EVERY commercial email sent. A single email can violate multiple requirements, multiplying penalties.
Practical steps to ensure your emails meet all CAN-SPAM requirements.
Use: verified-sender@company-domain.com
Avoid: Generic names, spoofed domains, misleading identities
Must be functional and monitored. Use actual business email addresses, not "noreply@" when possible.
Include both email and web-based unsubscribe options using RFC 8058 one-click standard.
| Element | Requirement | Implementation |
|---|---|---|
| Physical Address | Valid postal address | Street address, PO Box, or registered private mailbox |
| Unsubscribe Link | Clear and conspicuous | Prominent placement, simple language like "Unsubscribe" |
| Advertisement Notice | Clear identification | "Advertisement" or "Promotional" unless prior consent |
Pro Tip: Create email templates with all required elements pre-filled to ensure consistency and reduce the risk of missing required information.
Canada's Anti-Spam Legislation (CASL) is among the world's strictest anti-spam laws, with severe penalties and broad scope covering all commercial electronic messages sent to, from, or within Canada.
July 1, 2014 (primary provisions), covering all Commercial Electronic Messages (CEMs)
Applies to anyone sending CEMs to Canadian recipients, regardless of sender location
Up to $1M for individuals, $10M for corporations per violation
Express or implied consent required BEFORE sending any Commercial Electronic Message
Clear sender identification and contact details in every message
Functional opt-out method in every message, valid for minimum 60 days
CASL requires consent before sending Commercial Electronic Messages. Understanding the difference between express and implied consent is crucial for compliance.
| Aspect | Express Consent | Implied Consent |
|---|---|---|
| Definition | Clear, voluntary agreement to receive CEMs | Consent inferred from existing relationship |
| Duration | Does not expire (unless withdrawn) | Expires after specific timeframes |
| Documentation | Must document consent method and date | Must prove qualifying relationship exists |
| Recommended Use | All commercial messaging | Existing customers only, temporary |
| Relationship Type | Duration | Examples |
|---|---|---|
| Existing Business Relationship | 2 years from transaction | Purchase, lease, written contract |
| Inquiry or Application | 6 months from inquiry | Information request, quote request |
| Non-Business Relationship | 2 years from activity | Charity donation, volunteer work, membership |
| Conspicuous Publication | Until opt-out or restriction | Published email on website, business cards |
Critical: Implied consent expires and must be tracked carefully. Express consent is strongly recommended for all commercial messaging to avoid compliance risks and expiration tracking.
Practical steps to ensure your emails meet all CASL requirements for Canadian recipients.
Individual or business name responsible for the message
Name of any party on whose behalf the message is sent
Complete Canadian mailing address
Phone number, email address, or website URL
Clear and prominent in every Commercial Electronic Message
Must work for minimum 60 days after sending (longer than CAN-SPAM's 30 days)
Maximum 10 business days to implement request (same as CAN-SPAM)
Key Difference: CASL requires consent BEFORE sending, while CAN-SPAM allows sending until someone opts out. This makes CASL significantly more restrictive.
The General Data Protection Regulation (GDPR) is the European Union's (EU) comprehensive data protection law that affects email marketing when processing personal data of EU residents. While primarily a privacy regulation, GDPR has significant implications for email marketing practices.
May 25, 2018 - applies to all processing of personal data of EU residents
Applies to organizations processing personal data of EU residents, regardless of where the organization is located
€20 million or 4% of annual global turnover, whichever is higher
| Aspect | Anti-Spam Laws (CAN-SPAM/CASL) | GDPR |
|---|---|---|
| Primary Focus | Prevent unwanted commercial emails | Protect personal data and privacy |
| Scope | Commercial electronic messages | All processing of personal data |
| Consent Standard | Specific consent rules for messaging | Freely given, specific, informed, unambiguous |
| Individual Rights | Right to unsubscribe | 8 comprehensive data subject rights |
Key Difference: GDPR applies to ALL processing of personal data (names, email addresses, behavioral data), not just sending emails. This includes data collection, storage, analysis, and sharing.
Under GDPR, you must have a lawful basis to process personal data for email marketing. The choice of lawful basis affects your obligations and the data subject's rights.
| Lawful Basis | Email Marketing Application | Data Subject Rights |
|---|---|---|
| Consent | Direct marketing to prospects and customers | Right to withdraw consent easily |
| Legitimate Interest | Existing customer communications (B2B) | Right to object to processing |
| Contract | Order confirmations, service updates | Limited rights (necessary for contract) |
| Legal Obligation | Regulatory required communications | Limited rights (legally required) |
| Vital Interests | Emergency communications (rarely applicable) | Limited rights (life-threatening situations) |
| Public Task | Government/public body communications | Limited rights (public interest) |
Must be a genuine choice without coercion, consequences, or bundling with other services
Must be given for specific purposes - separate consent for different types of marketing
Data subjects must understand what they're consenting to - clear information required
Clear affirmative action required - pre-checked boxes and inferred consent not valid
Best Practice: Use consent for prospect marketing and legitimate interest for existing customer communications (B2B). Always conduct and document a legitimate interest assessment.
GDPR grants individuals eight specific rights regarding their personal data. Email marketers must be prepared to handle these requests efficiently.
| Right | Description | Response Time |
|---|---|---|
| Right to be Informed | Clear information about data processing | At time of collection |
| Right of Access | Copy of personal data and processing information | 1 month |
| Right to Rectification | Correct inaccurate personal data | 1 month |
| Right to Erasure | Delete personal data (right to be forgotten) | 1 month |
| Right to Restrict Processing | Limit how data is processed | 1 month |
| Right to Data Portability | Receive data in machine-readable format | 1 month |
| Right to Object | Object to processing for direct marketing | Immediately for marketing |
| Rights Related to Automated Decision Making | Not subject to automated profiling decisions | 1 month |
Critical: Right to object to direct marketing must be honored immediately. You cannot continue marketing to someone who has objected, even if you have other lawful bases.
Practical steps to ensure your email marketing practices comply with GDPR requirements for EU data subjects.
Organization name, representative details, and Data Protection Officer contact (if applicable)
Clearly explain why you're processing data and which lawful basis you're relying on
If using legitimate interest, explain your interests and how you balanced them against individual rights
Information about who you share data with and any international transfers
How long you'll keep the data or criteria for determining retention periods
Comprehensive explanation of all data subject rights and how to exercise them
| Data Type | Suggested Retention Period | Deletion Trigger |
|---|---|---|
| Active Subscriber Data | While consent/legitimate interest valid | Consent withdrawal or successful objection |
| Inactive Subscriber Data | 2-3 years of inactivity | Re-engagement campaign failure |
| Unsubscribe/Suppression Data | Indefinite (for compliance) | Specific erasure request (with exceptions) |
| Campaign Analytics | 3-7 years | Business need expiry |
Integration Tip: GDPR compliance enhances your CAN-SPAM and CASL compliance. The consent and documentation standards required by GDPR often exceed anti-spam law requirements.
Implement the technical infrastructure needed to support compliance with both CAN-SPAM and CASL requirements.
| Protocol | Purpose | Implementation Priority |
|---|---|---|
| SPF | Authorizes IP addresses to send for your domain | High - Implement first |
| DKIM | Cryptographic signature for message integrity | High - Implement second |
| DMARC | Policy for handling authentication failures | Critical - Major providers require this |
Record consent type, date, source, IP address, and expiration for CASL compliance
Permanent record of opt-outs with timestamps and processing confirmations
Complete email copies with headers, content, and recipient data for audits
Required by Major Providers: Gmail and Yahoo now require one-click unsubscribe (RFC 8058) for bulk senders. Implementation requires specific List-Unsubscribe headers and HTTPS endpoints. Axiom's compliance tool ensure's default compliance for bulk sending.
Implement these best practices to ensure ongoing compliance and maintain subscriber trust.
Appoint a named individual responsible for email compliance oversight with clear authority and accountability.
Coordinate marketing, IT, legal, and customer service teams for comprehensive compliance.
Conduct quarterly training updates for all staff involved in email marketing activities.
Maintain documented procedures for all email marketing activities and compliance requirements.
Include compliance requirements in all marketing service provider contracts and agreements.
Process unsubscribe requests immediately rather than waiting for maximum time limits.
Confirm subscriptions with verification emails before adding to commercial lists.
Implement complete SPF, DKIM, and DMARC authentication with ongoing monitoring.
Pre-send validation systems to ensure all required elements are present and accurate.
Pro Tip: When in doubt, apply the strictest requirements. If targeting US, Canadian, and EU audiences, follow CAN-SPAM, CASL, and GDPR requirements for all campaigns to ensure comprehensive compliance.
Learn from the most frequent compliance mistakes to protect your organization from violations.
Subject Line Violations:
Broken links, expired mechanisms, login requirements, or multi-step processes that violate both laws.
Inadequate records for CASL compliance - missing timestamps, IP addresses, or consent source information.
Assuming vendors handle compliance independently without contractual requirements or oversight.
Taking longer than legal limits to process opt-out requests (10 business days for both laws).
Stop non-compliant sending, assess scope, document issues, and preserve evidence.
Implement fixes, notify stakeholders, begin compliance review, and consult legal counsel if needed.
System overhaul, staff retraining, enhanced monitoring, and process improvements.
Use this comprehensive checklist to verify compliance before launching any email marketing campaign.
Remember: This checklist provides general guidance but does not constitute legal advice. Consult with qualified legal counsel for specific compliance questions and complex situations.