Email Marketing Regulations: Comparing GDPR, CASL, and CAN-SPAM

The GDPR, CASL, and CAN-SPAM are regulations governing commercial electronic messages and data privacy, differing primarily in their geographic scope and approach to consent (opt-in vs. opt-out).

Comparison Table

Feature	GDPR (General Data Protection Regulation)	CASL (Canada’s Anti-Spam Legislation)	CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act)
Primary Focus	Comprehensive data protection and privacy rights for individuals.	Restricting unsolicited commercial electronic messages (CEMs) and other cyber threats.	Setting requirements for commercial emails and prohibiting false or misleading messages.
Geographic Scope	Applies to all organizations processing the personal data of individuals within the EU/EEA, regardless of the organization’s location.	Applies to all CEMs sent to, from, or within Canada.	Applies to all commercial emails originating in the United States.
Consent Model	Opt-in (explicit): Requires clear, affirmative, and specific prior consent. Pre-checked boxes are a violation.	Opt-in (express or implied): Express consent is required, though implied consent is allowed in specific existing business relationships.	Opt-out: Allows commercial emails to be sent until the recipient explicitly requests to stop.
Unsubscribe	Must be easy to withdraw consent at any time.	Must be easy to unsubscribe at no cost, with requests honored within 10 business days.	Must include a clear and conspicuous opt-out mechanism, with requests honored within 10 business days.
Sender ID	Requires extensive company details (name, registration, address, etc.) on every electronic business communication.	Must identify the sender and provide valid contact information (mailing address, phone, email, or website link).	Must include a valid physical postal address and accurate header information.
Penalties	Up to €20 million or 4% of annual global turnover, whichever is higher.	Up to $10 million CAD for organizations per violation.	Up to $50,000 USD per non-compliant email.
Private Right of Action	Yes, individuals can sue for damages.	Yes, allows for private lawsuits by individuals affected.	No, only the FTC, state attorneys general, and ISPs can bring action.

Key Differences in Approach

• CAN-SPAM focuses primarily on truthfulness in commercial messaging and giving recipients a way to opt out. It is the least strict of the three and permits sending initial unsolicited emails as long as they meet the law’s requirements (e.g., proper identification, valid physical address, and working unsubscribe link).
• CASL is more stringent, mandating an “opt-in” system. Senders must generally have a recipient’s prior consent before sending a commercial electronic message. It also covers a broader range of electronic communications beyond just email, including text messages and some social media interactions.
• GDPR is the most comprehensive, as it is a broad data protection and privacy law, not just an anti-spam regulation. It grants individuals extensive rights over their personal data and dictates how that data can be collected, processed, and stored, requiring explicit consent for most processing activities, including email marketing.

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