The Email Marketing Rules

Argh what are the rules?

Laws can be scary!

At Funnel Sketchers we are NOT legal professionals, so cannot give legal advice, but we can guide as to what we do ourselves to stay compliant with various email marketing rules.

Most of the rules are really just about integrity. Things like, doing what we say we will do; being sure people have expressed consent to being emailed; giving people options to unsubscribe.

Below I will first outline the basics of some of these laws. And then I will summarise what we do to stay compliant.

These laws originate from locations, but cover those people in those locations. So you need to comply when marketing online because you do not know where someone signing up is located :)

THE SUMMARY

1. CAN-SPAM Act (USA)

This law applies to anyone sending commercial emails in the U.S. Here’s what you need to do:

• Be Honest: Use accurate information in the "From," "To," and "Subject" lines.

• Say It’s an Ad: Clearly state that your email is an advertisement.

• Include Your Address: Add your physical mailing address in the email.

• Easy Opt-Out: Tell people how they can stop receiving your emails and honor their request quickly.

• Keep an Eye on Others: If someone else handles your email marketing, you’re still responsible for making sure they follow these rules.

2. GDPR (Europe)

If you’re emailing people in the EU, you need to follow GDPR rules:

• Get Permission: You must get clear, explicit consent from people before emailing them.

• Protect Data: Keep people’s information safe and only use it for the reason they agreed to.

• Rights to Access and Delete: People can ask to see the data you have on them and request it be deleted.

• Be Clear: Explain who you are, why you’re collecting data, and how you’ll use it.

• Breach Notification: If there’s a data breach, notify authorities within 72 hours.

3. PECR (UK)

In the UK, you need to follow PECR along with GDPR:

• Consent for Marketing: Get permission before sending marketing emails, unless they’re already your customers.

• Info Requirements: Clearly identify yourself and provide a contact address.

• Opt-Out Option: Make it easy for people to opt out of your emails, and do it promptly.

4. CASL (Canada)

For emails to Canadian recipients, CASL rules apply:

• Get Consent: You need either express or implied consent before sending emails.

• Identify Yourself: Clearly state who you are and how to contact you.

• Unsubscribe Option: Include a way for people to unsubscribe, which must stay active for 60 days and be processed within 10 days.

• Accurate Information: Ensure your email content is truthful and not misleading.

5. APPI (Japan)

For emails in Japan, follow these APPI guidelines:

• Get Permission: Obtain consent from individuals before using their personal info for marketing.

• Purpose of Data Use: Clearly explain why you’re collecting personal data and use it only for that purpose.

• Data Protection: Keep personal information secure from unauthorized access or damage.

WHAT WE DO ABOUT IT

1. Funnel Sketchers automatically includes an unsubscribe link in our emails, so that is an easy tick!

2. We only send relevant information to our clients. If we started a new business, we would start a new list or invite them to opt-in to that information.

3. We include our physical mailing address on emails (This is a requirement by the way!)

4. We include a Privacy Notice on our page footers.
   You can get a notice template from the ICO here.

5. We use the right info on our "From," "To," and "Subject" lines.

6. Using Funnel Sketchers as the CRM means we can send people the information we have collected on them should they ask.

7. The biggie! Explicit consent. let's look at this and what it means.
   
   
   Freely Given Consent: Consent is not considered "freely given" if the person has no genuine or free choice or is unable to refuse or withdraw consent without detriment.

   In the case of a compulsory tick box for marketing emails tied to a free gift, this would likely be seen as coercive, as it conditions the receipt of a gift on consent to marketing.

   We set this up so the user can choose to receive the gift without being forced to subscribe to marketing emails.

Two ways we do this on our forms with an opt-in tick box.

Option 1: Give people the option to opt-in (Easier to set up)

Advanced: Give two options, and make the field required so someone has to choose

We have roadmaps on how to do both options!


Hopefully this helps you understand a bit more about email marketing rules!

In your corner,
Kerry