The Answers to Your Questions About Email Marketing Regulations

Email marketing is a highly effective digital marketing strategy that we at E.M. Wasylik Associates encourage all of our clients to employ.  Sending emails to prospects, leads, and customers can turn one-time buyers into brand loyalists.  The messages you send to your target audience can be what sets you apart from the competition.  

What kinds of emails should you send to customers?

There is no one size fits all approach when it comes to email marketing.  What works for one company may not work for yours.  Every product has a different audience that will respond to different types of content.  There are four major types of marketing emails to employ:

  1. Information Emails

Information emails are focused on specific product details, sales, offers, announcements, events.  These emails have a clear purpose with a CTA (Call To Action) that leads the reader to find out more.

2. Digital Newsletter

Many companies utilize weekly, monthly, or quarterly newsletters to stay in touch with their networks.  Newsletters should be visually appealing and have interesting, easy to read updates that are relevant to your target audience.

3.  Product Update

This type of marketing email is to make your customers aware of a new product launch or an update to an existing product.  Simple is better.  Communicating a strong but clear message about new products can improve click rates on a CTA that says Check out the new product.

4. Transactional Emails

Transaction emails are significantly different from the previous types of marketing emails.  These marketing emails are sent to one person at a time and action based.  For example, following up on a purchase from a new customer.  While many people consider this part of the sales process, it’s important to realize that this is still an essential marketing tactic that builds brand loyalty and customer relationships.

What are the laws for email marketing?

It’s very important to follow local laws and guidelines when using email campaigns.  The laws and regulations will depend heavily on where the recipient of the email is located.  The legislation can be called various names but some common names include data protection and anti-spam.  

  • We outline some of the most recognizable laws in an interactive international map including: 
    • The GDPR is the set of regulations in the European Union
    • The CAN-SPAM Act is the legislation in the US
    • The CASL sets out the rules in Canada
Many of our clients ask us are commercial email regulations the same everywhere?  The answer is no, it depends on who you are emailing and the country they are located in.  However, many of the regulations set similar restrictions on sending commercial emails.  Three of the most common anti-spam regulations include:
  • Obtaining consent of the recipient of the marketing email
  • Providing an unsubscribe mechanism for the recipient to opt-out of further commercial emails
  • Providing proper identification of the sender of the commercial email

Who regulates email marketing?

  • Email marketing is usually regulated by a governmental agency
  • For example, in the US, the Federal Trade Commission is the main agency that enforces the laws
  • The European Data Protection Board was established to enforce the GDPR in the EU

Is sending unsolicited emails illegal?

  • It depends on many factors, but the biggest thing to consider is where the recipient is located and where the email is sent from
  • In the US, as long as the regulations set forth in the CAN-SPAM Act are followed, then it is completely legal to send unsolicited emails to recipients in the country
    • If the recipient is located in another country, it is advisable to check that countries regulations on commercial email

What is commonly known as an unsolicited commercial email?

  • An unsolicited commercial email is commonly considered marketing materials sent via email to a recipient that has not “opted in” to receiving emails from the sender
  • Some countries have different definitions and it can depend on if there’s been a previous business relationship between the sender and recipient


Still have unanswered questions? Let us know!