Email marketing and anti-spam law in 2018-2019

Email marketing involves the sending out of emails with the chief purpose of making the recipients to buy a product or a service. The emails can be sent to existing customers or even to prospects with the aim of converting such potential customers to buy.

While the chief goal of email marketing is to eventually make a sale, companies exploit email marketing to build a relationship with potential customers. Such a relationship enhances trust which is key in making customers to buy future offers from such a company.

Also, read our previous post about Why email support is very important for your business.

Types of Email Marketing

There are several emails which fall under the email marketing category. A company using email marketing as
a method of business promotion may not always exploit all the email marketing types.
1. The standard promotional emails
2. The seasonal email campaigns
3. The newsletter emails
4. Re-engagement campaign
5. Abandoned cart emails
6. The welcome emails and the post-sign-up series

These email types may be triggered automatically or they may need a person to initiate the campaign.

The Anti-spam Law

The anti-spam laws are intricately connected to personal data protection laws. Those who don’t understand the connection between these two categories may need to seek law help which will better help them to appreciate the connection between these two categories. One may also seek law essay help by TheUniTutor if they are law students and they need to get an in-depth understanding on email marketing and anti-spam law regulations in different countries and the reason which necessitated the formation of such laws.

Spam emails are those emails which are unsolicited or even those which misrepresent a company and give a falsified information. The anti-spam laws restrict the sending out of such emails to individuals. This said, corporate subscribers, can still receive unsolicited marketing emails (cold emails) if such emails are in line with their area of work.

Solicited emails are those which individuals willingly choose to be receiving. Usually, such emails are collected through subscription forms, consenting to receive newsletters after online shopping, or even through signing up on an online system. The companies which run email marketing are required by law to have an unsubscribe option (Opt-out) option for those who would not wish to receive such emails in the future.

The companies sending out these emails should also not misrepresent themselves or give falsified information. The law requires that such companies include their full address at the end of each email for easy verification of their location and identity.

The General Data Protection Regulation (GDPR) stipulates the guidelines and the requirements of carrying out email marketing undertakings within the European Union region. The GDPR rules on email marketing are almost similar to the CAN-SPAM Act in the USA. Under these laws, companies are required not to process personal data with the aim of sending out unsolicited emails.

While collecting emails from users to facilitate online services such as online shopping, companies are restricted from taking advantage of implied consent as a disguise of sending out unsolicited campaigns. They are obliged to provide an explicit and clear option to enable those using their online systems to intentionally and willingly allow the said company to send them marketing emails.

This said, there are emails which need “soft consent” and are necessary for facilitating processes such as emails notifying users of change of terms and conditions, important activities on the account associated with such an email, and any other crucial information which the company may deem necessary and appropriate to communicate to their customers and subscribers.

While these anti-spam laws may seem quite stiff, they are necessary for protecting email users from online scams, nuisance, and ensuring that personal privacy and preferences are respected. Companies and individuals who do not comply with these guidelines risk hefty penalties and consequences.

It is, therefore, important for those using email marketing as a way of promoting their businesses and cause to tread carefully and always ensure that they are on the right side of the law.