SPAM, GDPR, Emails and Legal Responsibilities

Sending emails is the foundation of internet communication. Of course that grew and evolved into direct messages. Nevertheless, emails are still a core component in commercial activity, while direct messaging is more of a personal method of communication.

This is why we will focus on the USA and Europe and what’s expected of you when you’re using emails with commercial messages. This doesn’t mean everyone is following the law, as I myself get many spam messages every day, but they’ve been indexed as such and don’t even get to my Inbox, which in the case of commercial success you don’t want to achieve.

It’s through respect and a solid reason that you can send successful commercial messages to potential people or organizations that might be interested in what you’re offering. If you fail to provide anything of value, then you will be ignored, and if you do it improperly you’d be breaking the law.

CAN-SPAM Act of 2003

  • Commercial messages fall under this Act
  • You need a reason to send an unsolicited message
  • Make clear it’s an ad
  • Include Opt-out message before the end; you can use a disclaimer that the recipient can just reply with ‘Opt-out’
  • Include Physical address or PO Box at footer
  • Only for the USA

If you wish to read more in depth you can find more info here – https://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003

GDRP (General Data Protection Regulation)
  • Commercial messages fall under this Act
  • You need a reason to send an unsolicited message
  • Make clear it’s an ad
  • Include Opt-out message before the end; also add what data you’re processing and storing and that they can have it deleted by replying with ‘Opt-out’
  • Include Physical address or PO Box
  • Remove personal info of people who opt-out
  • Remove personal info after 30 days after the sending of the email which hasn’t gotten a response
  • Only for the EU

If you wish to read more in depth you can find more info here – https://gdpr-info.eu

General rule of thumb is to just learn to send emails like how it’s asked from regulators, as it also gives more weight to your email. If you get a proper email versus an improper one, which would you take seriously and put time into reading?

Always make it clear what the type of email is. That’s either done in the heading or 1st paragraph. Do not send an email to someone who might not find what you’re offering to be useful. Cold emails can land you in the Spam folders through automated flagging.

EXAMPLE OF A CAN-SPAM AND GDPR-COMPLIANT EMAIL

Title – Improving YOUR Website – an Opportunity

Hello, (name), [if there is no public name, use the nickname or organization name; if nothing is present just go with ‘Hello,’]

As I’ve seen your website that’s still under development, I’d like to offer you my services to make your message stronger and easier to understand by more visitors. [more details about what specifically can be improved and why they should consider this offer]

I’d love to hear your thoughts on this, [this is the closing line]

John Doe
Consultant at Inlet
USA, Utah, Provo 840970, PO box 25


This is all you’d need to know and understand in order to lawfully and successfully send emails that will get the right attention. It’s about quality, not quantity.

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