Unwanted and spammy emails have become a steadily growing concern for consumers, forcing many governments to introduce laws or regulations that keep our inboxes from getting overwhelmed with offerings from foreign princes.
Email marketing platforms are usually in-the-know with email do’s and don’t’s; however, if you’re interested in running your own campaign with the data gathered in your Wherewolf waiver system, we recommend checking out this overview of what is legally required in each country.
Remember – these laws apply based on where your subscribers are from. If you are Australian, and sending an email campaign to an Italian citizen, then your campaign must comply with Italian law.
Who can I email?
The primary purpose of email marketing laws is to ensure subscribers really want to hear from you – this means that the person must opt-in (such as by ticking a box in your Wherewolf waiver) or by manually subscribing to an email list, which is something you can offer on your website.
The UK allows a pre-checked opt-in box; however, all other European countries, as well as Australia, Canada, and New Zealand, require the subscriber to actively tick yes. No pre-ticked boxes here!
For your participants in the USA, however, an opt in is not required (so long as the subscriber can easily unsubscribe at any time).
Pro Tip: If a subscriber lodges a complaint about your email marketing, you may need to produce proof that they opted in. We recommend recording all the details of your subscribers actions; for example, IP addresses, time/date of their opt-in, and any other receipts.
Opting Out - Unsubscribing:
This is required, and we recommend keeping it short and simple. Don’t mandate feedback, or ask for any more information than the email address to be unsubscribed. This step should be simple and painless!
In Canada, Spain, and the USA, the time allowed to process an opt-out or unsubscribe is 10 days, but in Australia and New Zealand it’s as little as 5 days, and in the United Kingdom it’s 28!
Most other European countries follow a ‘within reasonable time’ structure, which is pretty loosely defined and appears to be up for discussion for any complaints that are made.
What Should Every Email Contain?
No matter where you are, every marketing email should contain an unsubscribe link and a clear identification of who sent the email.
Most countries ask for a couple more details too – all North American, British, and European countries require a postal address; while Germany, Canada, and New Zealand require you to specify how the recipient can contact the sender.
What Happens If Someone Complains?
This changes from country to country, but the fines are nothing to scoff at. If you’re found to be acting without compliance in the USA, you can be fined up to $16,000 per email!
Your Wherewolf database has a lot of information in it, usually including where guests are from. Use that information to figure out your best practice approach for who to contact, and what information to include in your emails.
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This article was created as a helpful guide and not as legal advice. Laws and regulations can change quickly so we always recommend doing your own homework and receiving professional consultation.
