the eec global email marketing compliance...
TRANSCRIPT
Table of Contents
Background
Glossary
Email Consent Continuum
Baseline Consent Requirements
Opt-Out Requirements
Covered Commercial Email Message Types
Promotional and Mixed Content Email Requirements
Factual Content Email Requirements
Laws and Regulations Covering Commercial Electronic Messaging
Definitions
Special Mention
01
03
04
05
15
21
29
37
44
50
54
Background
More than ever it is crucial that data-driven organizations address the risks and legal responsibilities in relation to their digital marketing practices. The legislative landscape is ever growing, changing, and impactful as we continue to witness a period of unprecedented enforcement in the development of privacy and data protection regulations around the world. For the marketer, it’s no longer about a completely domestic effort, but the impact of your message on a global scale. This guide sets out an overview of the key email and data protection regulations across 77 different jurisdictions and offers a primer for organizations as they consider this complex and increasingly important area of compliance. Marketers are now enabled with this comprehensive resource covering requirements in the areas of consent, opt-out, commercial content and factual email content.
The Email Experience Council’s Advocacy Subcommittee includes members with extensive experience and international reach to guide global organizations in the development and implementation of practical compliance solutions for the myriad of anti-spam laws. A well-constructed and comprehensive compliance program can solve these competing interests and is an important risk management tool for all marketers. This comprehensive document is meant to provide educational guidance on compliance and best practices considerations for email and should not be considered legal advice.
We hope you find this information useful. Please review your email program with your legal counsel to ensure that your program is meeting appropriate legal requirements. These documents are being provided for informational purposes only. Nothing in these documents shall be construed as creating a representation, legal advice, warranty or commitment, contractual or otherwise, by the Email Experience Council, or any affiliate of the Email Experience Council, to you or any other person or entity.
It also does not guarantee that your email and/or any other aspect of your business is in compliance with state, federal, or international laws. The Email Experience Council makes no representation, warranty or commitment that any message you send to end users will be delivered. This email and document is not a substitute for, should not be used in place of, and should not be considered, legal advice. It is recommended that you contact your general or legal counsel for any legal compliance matters related to email marketing and related subject matter.
01BackgroundCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
About
The Email Experience Council (eec) is the email marketing arm of the Direct Marketing Association. The eec is a global professional organization that strives to enhance the image of email marketing and communications, while celebrating and actively advocating its critical importance in business, and its ROI value.
Our mission is to be the voice of the email marketing community, and the source of knowledge and expertise for new entrants and seasoned practitioners. We help set the standards for ethical practices for email and digital marketers, and the entities that serve them.
The eec is pleased to be making available the enclosed eec Global Email Marketing Compliance Guide (“Guide”) for email marketers to use in-house and/or distribute to clients.
02BackgroundCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Glossary
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Affirmative (Opt-In) Consent
Best Practice
Commercial Electronic Message (CEM)
Consent Record-Keeping
Double / Confirmed Opt-In Consent
Factual (Transactional) Message
First Party
Implied Consent
Indirect (Third-Party) Consent
Informed Consent
Mixed Content
Opt-Out Consent
Opt-Out Mechanism
Pre-Checked Boxes
Promotional Message
Refer-a-Friend (RAF) Mechanism
Remarketing (Ie. Abandoned cart) Message
Third Party
Unsolicited Commercial Email (UCE)
03Glossary
Email Consent Continuum
04Email Consent ContinuumCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
SPAM US CAN-SPAM Act ESP/ISP AUPs Best Practices
No Prior Opt-In or Opt-Out No Prior Opt-Out
EU Directive, CASL
Opt-In Confirmed Opt-In
B E S T P R I V A C Y P R A C T I C EP O O R P R I V A C Y P R A C T I C E
ImpliedConsent
NegativeOption
Consent
NoConsent
AutoConsent
3rd PartyOpt-OutConsent
3rd PartyOpt-OutConsent
InformedConsent
Express/AffirmativeConsent
EngagedConsent
ConfirmedConsent
No Relationship,No Email Unsub Link
Transaction w/ “By clicking I agree to…”
Consent w/ EmailOpen/Click-through Behavior
Transaction w/o Marketing Disclosure
No Relationship,No Email Unsub Link
Transaction w/Pre-checked Box
Email Unsub Linkfrom CoReg,
eAppend
Transaction w/MarketingDisclosure
Transaction w/Unchecked Box
Consent w/ Email“Click here to
confirm…”Request
UNSOLICITED SOLICITEDASSUMED
LOW QUALITY HIGH QUALITY
Type of consent required?
Confirmed (double) Opt-in required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Opt-In, unless Implied Consent and no prior objection exist.
NoAndorra Unclear Yes Unclear No
Opt-In, unless Implied Consent and no prior objection exist.
NoAustralia No Yes Yes No
Opt-In, unless Implied Consent and no prior objection exist.
NoAustria No Yes With prior notice and opportunity to object.
Yes, prior opt-in required.
Opt-Out NoBahamas Unclear Yes Unclear No
Opt-In, unless Implied Consent and no prior objection exist.
NoBelgium Unclear Yes With prior notice and opportunity to object.
Yes, prior opt-in required.
YesOpt-Out NoBermuda Unclear NoUnclear
Informed Consent NoArgentina Unclear No Unclear No
Opt-Out NoBarbados Unclear Yes Unclear No
NoBrazil Unclear No
05Baseline Consent Requirements
Baseline Consent Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, for specific disclosed purposes and where no prior opt-out exists.
Yes No
06Baseline Consent Requirements
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Opt-In, for specific disclosed purposes and where no prior opt-out exists.
NoCanada No Yes Yes, with prior informed consent
No, installable computer programs only.
Opt-In, unless Implied Consent and no prior objection exist.
NoCosta Rica Unclear Unclear No
Opt-In, unless Implied Consent and no prior objection exist.
NoCzech Republic Unclear Yes, but no guidance on implementation.
Bulgaria Yes, prior opt-in required.
With prior notice and opportunity to object.
YesUnclearUnclearInformed Consent
Croatia Yes, opt-in required.
Cyprus Yes, opt-in required.
No No NoChina No
Best practice Yes
Yes
No Unclear UnclearYes
YesColombia Unclear No
NoChile Yes Yes
Yes
Unclear No
Baseline Consent Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Informed Consent
Affirmative (Opt-In) Consent
Informed Consent
Informed Consent
No Unclear UnclearYes
UnclearYes
Opt-In, unless Implied Consent and no prior objection exist.
Opt-In, unless Implied Consent and no prior objection exist.
NoDenmark Unclear Yes With prior notice and opportunity to object.
Yes, implied consent.
Opt-In, unless Implied Consent and no prior objection exist.
NoFinland No Yes, implied consent through browser controls.
Opt-In, unless Implied Consent and no prior objection exist.
NoFrance No Yes, prior opt-in required.
Opt-In, unless Implied Consent and no prior objection exist.
Best practiceGermany No Yes No Implementation disputed
Opt-In, unless Implied Consent and no prior objection exist.
Estonia Yes, implied consent.
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Baseline Consent Requirements
NoEcuador Unclear No
NoFaroe Islands No Yes No
Yes With prior notice and opportunity to object.
Yes With prior notice and opportunity to object.
No
Yes With prior notice and opportunity to object.
NoGibraltar Unclear No
Opt-In, unless Implied Consent and no prior objection exist.
Yes
No Unclear UnclearYes
With prior notice and opportunity to object.
Opt-In, for specific disclosed purposes and where no prior opt-out exists.
Opt-In, unless Implied Consent and no prior objection exist.
07Baseline Consent RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, unless Implied Consent and no prior objection exist.
NoGuemsey As Implied Consent Yes With prior notice and opportunity to object.
Yes, prior opt-in or implied consent required.
Opt-In, unless Implied Consent and no prior objection exist.
NoHong Kong Yes Yes With written consent. No
Opt-In, unless Implied Consent and no prior objection exist.
NoHungary Unclear Yes Unclear Yes, implied consent.
Opt-In, unless Implied Consent and no prior objection exist.
NoIsle of Man Unclear Yes With prior notice and opportunity to object.
No
Opt-in for specific disclosed purposes unless Implied Consent and no prior opt-out exist.
NoIsrael As Implied Consent Yes No No
Baseline Consent Requirements
NoOpt-OutIndia Unclear Best Practice Per privacy policy No
UnclearGuatemala UnclearUnclear Unclear Unclear Unclear
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
08Baseline Consent RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, unless Implied Consent and no prior objection exist.
NoGreece Unclear Yes With prior notice and opportunity to object.
Yes, opt-in required.
Baseline Consent Requirements
Opt-In, unless Implied Consent and no prior objection exist.
NoJapan No NoNoYes
NoJersey Unclear Yes Unclear No
Unclear UnclearLebanon Unclear UnclearUnclearUnclear
Opt-In, unless Implied Consent and no prior objection exist.
UnclearKyrgyz Republic Unclear No
UnclearKazakhstan Unclear No
Latvia Yes, prior opt-in expected.
Lithuania Yes, prior opt-in expected.
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Opt-In, unless Implied Consent and no prior objection exist.
NoItaly As Implied Consent With prior notice and opportunity to object.
Yes, prior opt-in expected.
Opt-In, unless Implied Consent and no prior objection exist.
09Baseline Consent RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, unless Implied Consent and no prior objection exist.
Yes Unclear
Yes Unclear
No Unclear Yes Unclear
No Unclear Yes Unclear
Opt-In, unless Implied Consent and no prior objection exist.
Opt-In, unless Implied Consent and no prior objection exist.
Unclear
10Baseline Consent Requirements
Baseline Consent Requirements
NoOpt-OutMauritius Unclear Yes Yes No
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Malta Yes, but no guidance on consent.
Opt-In, unless Implied Consent and no prior objection exist.
NoLuxembourg Unclear Yes Yes, prior opt-in required.
With prior notice and opportunity to object.
NoMalaysia Unclear
NoMacau UnclearOpt-In, unless Implied Consent and no prior objection exist.
Yes NoWith prior notice and opportunity to object.
Opt-In, unless Implied Consent and no prior objection exist.
Yes NoWith prior notice and opportunity to object.
No UnclearOpt-In, unless Implied Consent and no prior objection exist.
Yes With prior notice and opportunity to object.
Implied Consent NoMexico Yes Yes Yes, implied consent.With prior notice and opportunity to object wiithin 5 days.
Opt-In, unless Implied Consent and no prior objection exist.
NoMonaco Unclear Yes Yes, informed consent.
With prior notice and opportunity.
Opt-In, unless Implied Consent and no prior objection exist.
NoMontenegro Unclear Yes NoNo
Baseline Consent Requirements
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
11Baseline Consent RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, unless Implied Consent and no prior objection exist.
NoPortugal As Implied Consent Yes, prior opt-in required.
Opt-In, unless Implied Consent and no prior objection exist.
Best PracticePoland As Implied Consent Not yet implemented.
Yes, unless business relationship and no prior opt-out exists.
NoPhilippines Unclear Unclear Unclear No
Opt-In, unless Implied Consent and no prior objection exist.
NoNetherlands No Yes Yes, prior opt-in required.
With prior notice and opportunity to object.
Yes, unless business relationship and no prior opt-out exists.
NoNew Zealand Yes Yes No
Yes, unless business relationship and no prior opt-out exists.
NoNorway Unclear Yes, implied consent through browser controls.
Yes With prior notice and opportunity to object.
Unclear
Unclear UnclearPakistan Unclear UnclearUnclear Unclear
Opt-In NoPanama Unclear NoYes Unclear
Opt-In NoPeru Unclear NoYes Unclear
Yes
Yes With prior notice and opportunity to object.
No
12 Baseline Consent Requirements
Baseline Consent Requirements
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, unless Implied Consent and no prior objection exist.
NoRomania As Implied Consent Yes, prior opt-in or implied consent required.
Yes Unclear
Opt-In, unless Implied Consent and no prior objection exist.
NoRussia Unclear NoYes No
Opt-In, unless Implied Consent and no prior objection exist.
NoSerbia As Implied Consent NoYes Unclear
Opt-In, unless Implied Consent and no prior objection exist.
NoSlovak Republic As Implied Consent UnclearYes With prior notice and opportunity to object.
Opt-In, unless Implied Consent and no prior objection exist.
NoSouth Africa Yes NoYes Yes
Opt-Out, unless by IT Service Provider then Opt-In
NoSouth Korea Unclear Yes, with notice and choice.
Yes Yes
Opt-In, unless Implied Consent and no prior objection exist.
NoSpain Unclear Yes, prior opt-in required.
Yes No
Opt-Out NoSingapore Unclear NoYes Yes
13Baseline Consent Requirements
Baseline Consent Requirements
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Opt-In, unless Implied Consent and no prior objection exist.
NoUK - England As Implied Consent Yes, prior opt-in or implied consent required.
Yes With prior notice and opportunity to object.
Opt-In, unless Implied Consent and no prior objection exist.
NoUK - Ireland No Yes, implied consentYes With prior notice and opportunity to object.
Opt-In, unless Implied Consent and no prior objection exist.
NoSweden Unclear Yes, prior opt-in required.
Yes With prior notice and opportunity to object.
Opt-In, unless Implied Consent and no prior objection exist.
NoSwitzerland Unclear Yes, prior opt-in required.
Yes With prior notice and opportunity to object.
Opt-In, unless Implied Consent and no prior objection exist.
NoTaiwan Unclear NoYes Yes
Opt-In, unless Implied Consent and no prior objection exist.
NoUAE - Dubai Unclear NoYes With prior notice and opportunity to object.
Opt-In NoTurkey Unclear NoYes Yes
Unclear UnclearThailand Unclear UnclearUnclear Unclear
Opt-Out NoUnited States As Implied Consent NoYes Yes
Informed Consent NoVenezuela Unclear UnclearYes Unclear
14Baseline Consent Requirements
Baseline Consent Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Type of consent required?
Double(confirmed)Opt-In required?
Country Pre-checked boxes permitted?
Consent record-keeping required?
Is Indirect (third-party)Consent permitted?
Covers cookies?
Opt-Out Requirements
15Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Opt-out mechanisms required?
Time to process opt-out request?
Mechanism's minimum working period?
Email address deletion required?
Andorra Yes 10 days Unclear Yes, unless permissable purpose to retain
Argentina Yes 5 days Unclear By request
Australia Yes 5 days 30 days As requested
Austria Yes ASAP Unclear Unclear
Bahamas Yes 40 days 40 days No
Barbados Yes Unclear Unclear Unclear
Belgium Yes As reasonable As reasonable Unclear
Bermuda Yes As reasonable As reasonable Unclear
Brazil Yes 7 days As reasonable As requested
Bulgaria Yes As reasonable As reasonable Unclear
Chile Yes As reasonable As reasonable No
China Yes As reasonable 30 days No
Canada Yes Immediate, no longer than 10 business days
60 days No
Opt-Out Requirements
16Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Opt-out mechanisms required?
Time to process opt-out request?
Mechanism's minimum working period?
Email address deletion required?
Croatia Yes As reasonable As reasonable No
Cyprus Yes As reasonable As reasonable No
Czech Republic Yes As reasonable As reasonable No
Denmark Yes As reasonable As reasonable Unclear
Ecuador Yes As reasonable As reasonable As requested
Estonia Yes As reasonable As reasonable No
Faroe Islands Yes As reasonable As reasonable As requested
Finland Yes As reasonable As reasonable As requested
France Yes As reasonable As reasonable As requested
Germany Yes As reasonable As reasonable Yes, with exceptions
Gibraltar Yes 28 days As reasonable No
Greece Yes As reasonable As reasonable No
Costa Rica Yes Immediately As reasonable No
Colombia Yes 30 days 30 days No
Opt-Out Requirements
17Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Opt-out mechanisms required?
Time to process opt-out request?
Mechanism's minimum working period?
Email address deletion required?
Guatemala Unclear Unclear Unclear Unclear
Lebanon Unclear Unclear Unclear Unclear
Guernsey Yes 28 days Reasonable timeframe As requested
Hong Kong Yes 10 business days As reasonable As requested
Hungary Yes Immediately As reasonable As requested
India Yes As reasonable As reasonable No
Isle of Man Yes As reasonable As reasonable As requested
Israel Yes As reasonable As reasonable As requested
Italy Yes As reasonable As reasonable As requested
Jersey Yes As reasonable As reasonable As requested
Latvia Yes As reasonable As reasonable As requested
Kazakhstan Unclear As reasonable As reasonable Yes, with exceptions.
Kyrgyz Republic Unclear As reasonable As reasonable Yes, with exceptions.
Japan Yes Immediately As reasonable As requested
Opt-Out Requirements
18Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Opt-out mechanisms required?
Time to process opt-out request?
Mechanism's minimum working period?
Email address deletion required?
Lithuania Yes As reasonable As reasonable As requested
Luxembourg Yes As reasonable As reasonable As requested
Malta Yes As reasonable As reasonable As requested
Mauritius Yes 28 business days. As reasonable Yes, with exceptions.
Mexico Yes 15 days 20 days No
Monaco Yes As reasonable As reasonable As requested
Montenegro Yes As reasonable As reasonable As requested
Netherlands Yes 30 days 30 days As requested
New Zealand Yes 5 days 30 days No
Norway Yes As reasonable As reasonable Unclear
Panama Yes As reasonable As reasonable No
Pakistan Unclear Unclear Unclear Unclear
Macau Yes As reasonable As reasonable No
Malaysia Yes As reasonable As reasonable No
Opt-Out Requirements
19Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Peru Yes 2 business days As reasonable No
Philippines Yes As reasonable As reasonable No
Poland Yes As reasonable As reasonable Unclear
Portugal Yes As reasonable As reasonable Unclear
Romania Yes As reasonable As reasonable Unclear
Slovak Republic Yes As reasonable As reasonable Unclear
Serbia Yes As reasonable As reasonable Unclear
Singapore Yes 10 days 30 days No
Spain Yes 10 days 30 days No
Russia Yes As reasonable As reasonable No
South Africa Yes As reasonable As reasonable No
Sweden Yes As reasonable As reasonable No
Switzerland Yes As reasonable As reasonable No
South Korea Yes As reasonable As reasonable No
Country Opt-out mechanisms required?
Time to process opt-out request?
Mechanism's minimum working period?
Email address deletion required?
Opt-Out Requirements
20Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Opt-out mechanisms required?
Time to process opt-out request?
Mechanism's minimum working period?
Email address deletion required?
Taiwan Yes As reasonable As reasonable No
Thailand Unclear As reasonable As reasonable Unclear
Turkey Yes 3 business days As reasonable No
UAE - Dubai Yes As reasonable As reasonable No
UK - England Yes 28 days As reasonable No
UK - Ireland Yes 28 days As reasonable No
United States Yes 10 business days 30 days No
Venezuela Yes As reasonable As reasonable As requested
Covered Commercial Email Message Types
21Covered Commercial Email Message TypesCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
Andorra Commercial Non-Commercial Unclear Unclear Unclear
Argentina Unclear Unclear Unclear Unclear Unclear
Bahamas Covered Unclear Covered Unclear Unclear
Barbados Covered Unclear Covered Unclear Unclear
Bermuda Covered Unclear Unclear Unclear Unclear
Brazil Covered Covered Unclear Unclear Unclear
Bulgaria Covered Covered Covered Covered Unclear
Canada Covered Covered Covered Case-by-Case Brand responsible for end-recipient's prior consent, notice and choice.
Australia Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Austria Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Belgium Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Covered Commercial Email Message Types
22Covered Commercial Email Message TypesCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
Chile Covered Exempt Unclear Unclear Unclear
China Covered Exempt Covered Covered Prohibited
Colombia Covered Unclear Unclear Unclear Unclear
Costa Rica Covered Covered Covered Covered Covered
Croatia Covered Covered Covered Unclear Unclear
Cyprus Covered Covered Covered Covered Unclear
Czech Republic Covered Covered Covered Covered Unclear
Ecuador Covered Covered Covered Covered Unclear
Estonia Covered Covered Covered Covered Unclear
Faroe Islands Covered Covered Covered Covered Unclear
Denmark Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Finland Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
23Covered Commercial Email Message Types
Covered Commercial Email Message Types
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
Greece Covered Covered Covered Covered Unclear
Guatemala Unclear Unclear Unclear Unclear Unclear
Hungary Covered Exempt Covered Unclear Unclear
India Covered Unclear Unclear Unclear Unclear
France Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Germany Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Gibraltar Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Guernsey Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Guernsey Covered Covered Covered Unclear Brand responsible for end-recipient's prior consent, notice and choice.
Hong Kong Covered Exempt Covered Unclear Brand responsible for end-recipient's prior consent, notice and choice.
24Covered Commercial Email Message Types
Covered Commercial Email Message Types
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
Isle of Man Covered Covered Covered Covered Unclear
Japan Covered Covered Covered Covered Unclear
Jersey Covered Covered Covered Covered Unclear
Latvia Covered Covered Covered Covered Unclear
Lithuania Covered Covered Covered Covered Unclear
Macau Covered Covered Covered Covered Unclear
Malaysia Covered Covered Covered Covered Unclear
Lebanon Unclear Unclear Unclear Unclear Unclear
Kazakhstan Covered Covered Unclear Unclear Unclear
Kyrgyz Republic Covered Covered Unclear Unclear Unclear
Israel Covered Case-by-Case Case-by-Case Case-by-Case Case-by-Case
Italy Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Luxembourg Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
25Covered Commercial Email Message Types
Covered Commercial Email Message Types
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Mauritius Covered Covered Covered Covered Unclear
Mexico Covered Covered Covered Covered Unclear
Montenegro Covered Covered Covered Unclear Unclear
Panama Covered Exempt Covered Covered Unclear
Pakistan Unclear Unclear Unclear Unclear Unclear
Malta Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Norway Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
New Zealand Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Monaco Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice. Cannot incentivize.
Netherlands Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice. Cannot incentivize.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
26Covered Commercial Email Message Types
Covered Commercial Email Message Types
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
Peru Covered Exempt Covered Covered Unclear
Philippines Covered Exempt Covered Covered Unclear
Singapore Covered Exempt Covered Unclear Unclear
South Africa Covered Exempt Covered Covered Unclear
Poland Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Portugal Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Romania Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Russia Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Serbia Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Slovak Republic Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
27 Covered Commercial Email Message Types
Covered Commercial Email Message Types
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
South Korea Covered Exempt Covered Unclear Unclear
Spain Covered Covered Covered Covered Prohibited
Taiwan Covered Exempt Covered Covered Unclear
Turkey Covered Unclear Covered Covered Unclear
UAE - Dubai Covered Unclear Unclear Covered Unclear
Thailand Unclear Unclear Unclear Unclear Unclear
Sweden Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
Switzerland Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
UK - England Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
UK - Ireland Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.
28Covered Commercial Email Message Types
Covered Commercial Email Message Types
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism
Venezuela Covered Unclear Unclear Unclear Unclear
United States Covered Case-by-Case Covered Case-by-Case Brand responsible for end-recipient's prior consent, notice and choice.
Country
Promotional and Mixed Content Email Requirements
Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subject line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
29Promotional and Mixed Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Andorra Yes Best practice Yes Yes No Best practice Best practice Yes Unclear
Austria Yes Best practice Yes Yes No Best practice Yes Yes Legal notice
Bahamas At collection Unclear At collection At collection Unclear Unclear Unclear Yes Unclear
Barbados At collection Unclear At collection At collection Unclear Unclear Unclear Yes Unclear
Bermuda Yes Unclear Yes Unclear Unclear Unclear Unclear Yes Unclear
Brazil Yes Best Practice Yes Yes Unclear Best Practice Best Practice Best Practice Unclear
Bulgaria Yes Best Practice Yes Yes Yes, if no prior consent.
Best Practice Yes Yes Unclear
Belgium Yes Best Practice Yes Yes Yes, when promotional nature unclear.
Best Practice Best Practice Yes Unclear
Australia Yes Best practice Yes Yes No Yes Best practice Yes Australia Business Registration Number
Argentina No No No No No No No No No
Promotional and Mixed Content Email Requirements
30Promotional and Mixed Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
Chile Yes Best Practice Yes Yes No Best Practice Yes Yes Unclear
Costa Rica Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Croatia Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Cyprus Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Czech Republic Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear
Denmark Yes Best Practice Yes Yes Yes, when promotional nature unclear.
Yes Best Practice Yes Unclear
China Yes Best Practice Yes Yes Yes Best Practice Yes Yes Unclear
Colombia At collection Best Practice Yes Yes Unclear Yes Yes Yes Unclear
Canada Yes Best practice Yes Yes No Best Practice Yes Yes Email address or telephone number or URL also required. French language required for Quebec residents.
Promotional and Mixed Content Email Requirements
31Promotional and Mixed Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
Ecuador Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Estonia Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear
Estonia Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear
Faroe Islands Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear
France Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Guernsey Yes Best Practice Yes Yes No Yes Best Practice Yes UK Business Registration Number
Germany Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Gibraltar Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Greece Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Guatemala Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear
Finland Yes Best Practice Yes Yes Yes, when promotional nature unclear.
Yes Best Practice Yes Unclear
Promotional and Mixed Content Email Requirements
32Promotional and Mixed Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
Hong Kong Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Hungary Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Israel Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
India Best Practice Best Practice Yes Best Practice No Yes Best Practice Yes Unclear
Isle of Man Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Italy Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Jersey Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Kazakhstan Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Kyrgyz Republic Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Latvia Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Lithuania Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Lebanon Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear
Japan Yes Best Practice Yes Yes Yes Best Practice Yes Yes See MIC ordinance
Promotional and Mixed Content Email Requirements
33Promotional and Mixed Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
Luxembourg Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Pakistan Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear
Macau Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Malaysia Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Malta Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Mauritius Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Mexico Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Monaco Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Montenegro Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Netherlands Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
New Zealand Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Norway Yes Best Practice Yes Yes Yes, when message is unsolicited.
Yes Best Practice Yes Unclear
34Promotional and Mixed Content Email Requirements
Promotional and Mixed Content Email Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
Poland Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Portugal Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Serbia Yes Best Practice Yes Yes No Yes Best Practice Yes Information should be provided in the Serbian language.
Romania Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Slovak Republic Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
South Africa Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear
Russia Best Practice Best Practice Yes Best Practice Best Practice Yes Best Practice Yes Unclear
Singapore Yes Best Practice Yes Yes Yes, if no prior consent.
Best Practice Best Practice Yes Unclear
Panama Yes Best Practice Yes Best Practice Yes Best Practice Best Practice Yes Unclear
Peru Yes Best Practice Yes Best Practice Yes Best Practice Best Practice Yes Unclear
Philippines Yes Best Practice Yes Best Practice Yes Best Practice Best Practice Yes Unclear
35 Promotional and Mixed Content Email Requirements
Promotional and Mixed Content Email Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
Spain Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Sweden Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Switzerland Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
Taiwan Yes Best Practice Yes Best Practice No Yes Best Practice Yes Unclear
Turkey Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear
UK - England Yes Best Practice Yes Yes No Yes Best Practice Yes UK Business Registration Number
UAE - Dubai Yes Best Practice Yes Yes Unclear Best Practice Best Practice Yes Unclear
Thailand Best Practice Best Practice Best Practice Best Practice Best Practice Best Practice Best Practice Best Practice Unclear
South Korea Yes Best Practice Yes Yes Yes, if no prior consent.
Best Practice Best Practice Yes Unclear
36Promotional and Mixed Content Email Requirements
Promotional and Mixed Content Email Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Link to Preference Center?
1st Party Identity?
3rd Party / "On-Be-half-Of" Identity?
Subjlect line must include ADV or Similar?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link or dedicated address?
Additional Consider-ations
UK - Ireland Yes Best Practice Yes Yes No Yes Best Practice Yes IE Business Registration Number
Venezuela Best Practice Best Practice Yes Best Practice Best Practice Best Practice Best Practice Yes Unclear
United States Yes Best Practice Yes Yes Yes, if no prior consent.
Best Practice Best Practice Yes Unclear
Factual Content Email Requirements
37Factual Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country 3rd Party / "On-Bhalf-Of" Identity?
Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
Yes No Yes Yes Best practice Best practice No UnclearAndorra
No No No No No No No NoArgentina
Yes No Yes Yes Best practice Yes No Legal noticeAustria
At collection Unclear At collection At collection Unclear Unclear Unclear UnclearBahamas
At collection Unclear At collection At collection Unclear Unclear Unclear UnclearBarbados
Yes Best practice Yes Yes Best practice Best practice No UnclearBelgium
Yes Best practice Yes Yes Best practice Best practice No UnclearBrazil
Yes Best practice Yes Yes Best practice Best practice No UnclearBulgaria
Unclear Unclear Unclear Unclear Unclear Unclear Unclear UnclearBermuda
Yes No Yes Yes Yes Best practice No Australia Business Registration Number
Australia
38Factual Content Email Requirements
Factual Content Email Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
3rd Party / "On-Bhalf-Of" Identity?
Yes Best practice Yes Yes Best practice Yes No UnclearChile
Yes Best practice Yes Yes Best practice Best practice No UnclearChina
Yes Best practice Yes Yes Best practice Best practice No UnclearCosta Rica
Yes Best practice Yes Yes Best practice Best practice No UnclearCroatia
Yes Best practice Yes Yes Best practice Best practice No UnclearCyprus
Yes Best practice Yes Yes Best practice Best practice No UnclearCzech Republic
Yes Best practice Yes Yes Best practice Best practice No UnclearDenmark
Yes Best practice Yes Yes Best practice Best practice Unclear UnclearEcuador
Yes Best practice Yes Yes Best practice Best practice No UnclearEstonia
Yes Best practice Yes Yes Yes Yes No UnclearColombia
Yes Best practice Yes Yes Best practice Best practice No Email address or telephone number or URL also required. French language required for Quebec residents.
Canada
39Factual Content Email Requirements
Factual Content Email Requirements
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
3rd Party / "On-Bhalf-Of" Identity?
Yes Best practice Yes Yes Best practice Best practice No UnclearFaroe Islands
Yes Best practice Yes Yes Best practice Best practice No UnclearFinland
Yes Best practice Yes Yes Best practice Best practice No UnclearFrance
Yes Best practice Yes Yes Best practice Best practice No UnclearGermany
Yes Best practice Yes Yes Best practice Best practice No UnclearGibraltar
Yes Best practice Yes Yes Best practice Best practice No UnclearGreece
Yes No Yes Yes Best practice Best practice No UnclearIsle of Man
Yes No Yes Yes Best practice Best practice No UnclearIsrael
Yes Best practice Yes Yes Best practice Best practice No UnclearHong Kong
Best practice Yes Yes Yes Best practice Best practice No UnclearHungary
Best practice Best Practice Yes Best Practice No Best practice No UnclearIndia
Unclear Best practice Unclear Unclear Unclear Unclear Unclear UnclearGuatemala
Yes No Yes Yes Best practice Best practice No UK Business Registration Number
Guernsey
Factual Content Email Requirements
40Factual Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
3rd Party / "On-Bhalf-Of" Identity?
Yes No Yes Yes Best practice Best practice No UnclearJersey
Yes No Yes Yes Best practice Best practice No UnclearKazakhstan
Yes No Yes Yes Best practice Best practice No UnclearKyrgyz Republic
Yes Best practice Yes Yes Best practice Best practice No UnclearLatvia
Yes Best practice Yes Yes Best practice Best practice No UnclearLithuania
Yes Best practice Yes Yes Best practice Best practice No UnclearLuxembourg
Yes Best practice Yes Yes Best practice Best practice No UnclearMacau
Yes Best practice Yes Yes Best practice Best practice No UnclearMalaysia
Yes Best practice Yes Yes Best practice Best practice No UnclearMalta
Yes Best practice Yes Yes Best practice Best practice No UnclearMexico
Yes Best practice Yes Yes Best practice Best practice No UnclearMonaco
Unclear Unclear Unclear Unclear Unclear Unclear Unclear UnclearLebanon
Yes Best Practice Yes Yes Best practice Best practice No UnclearItaly
Yes Best Practice Yes Yes Best practice Yes No See MIC ordinance
Japan
Factual Content Email Requirements
41Factual Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country 3rd Party / "On-Bhalf-Of" Identity?
Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
Yes Best practice Yes Yes Best practice Best practice No UnclearMontenegro
Yes Best practice Yes Yes Best practice Best practice No UnclearNetherlands
Yes Best practice Yes Yes Best practice Best practice No UnclearNorway
Yes Best practice Yes Best practice Best practice Best practice No UnclearPanama
Yes Best practice Yes Best practice Best practice Best practice No UnclearPeru
Yes Best practice Yes Best practice Best practice Best practice No UnclearPhilippines
Yes Best practice Yes Best practice Best practice Best practice No UnclearPoland
Yes Best practice Yes Best practice Best practice Best practice No UnclearPortugal
Yes Best practice Yes Best practice Best practice Best practice No UnclearRomania
Best practice Best practice Yes Best practice Best practice Best practice No UnclearRussia
Unclear Unclear Unclear Unclear Unclear Unclear Unclear UnclearPakistan
Best practice Best practice Yes Yes Best practice Best practice No UnclearNew Zealand
Factual Content Email Requirements
42Factual Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
3rd Party / "On-Bhalf-Of" Identity?
Yes Best practice Yes Best practice Best practice Best practice No UnclearSpain
Yes Best practice Yes Best practice Best practice Best practice No UnclearSweden
Yes Best practice Yes Best practice Best practice Best practice No UnclearSwitzerland
Yes No Yes Best practice Best practice Best practice No UnclearTaiwan
Best practice Best practice Best practice Best practice Best practice Best practice Best practice UnclearThailand
Yes Best practice Yes Best practice Best practice Best practice No Information should be provided in the Serbian language.
Serbia
Yes Best practice Yes Best practice Best practice Best practice No UnclearSlovak Republic
Best practice Best practice Yes Yes Best practice Best practice No UnclearSouth Africa
Best practice No Yes Yes Best practice Best practice No UnclearSingapore
Best practice No Yes Yes Best practice Best practice No UnclearSouth Korea
Yes No Yes Yes Best practice Best practice Unclear UnclearUAE - Dubai
Best Practice No Yes Yes Best practice Best practice No UnclearUnited States
Best Practice Best Practice Yes Best Practice Best practice Best practice Yes UnclearVenezuela
Yes No Yes Yes Best practice Best practice No UK Business Registration Number
UK - England
Yes No Yes Yes Best practice Best practice No IE Business Registration Number
UK - Ireland
Yes No Yes Yes Best practice Best practice No Telephone number. fax number. email or SMS contact; T&Cs also required.
Turkey
Factual Content Email Requirements
43Factual Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Postal Address?
Preference Center?
1st Party Identity?
Link to Privacy Policy?
Link to Corporate Website?
Opt-out link? Additional Consider-ations
3rd Party / "On-Bhalf-Of" Identity?
44Laws and Regulations Covering Commercial Electronic Messaging
Laws and Regulations Covering Commercial Electronic Messaging
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Legislation Regulator National registry
Qualified Act 15/2003, of 18 December, of personal data protection
Andorran DPA Guide to Spam NoAndorra
Personal Data Protection Law No. 25.326 Unclear Data controller/processor registryArgentina
Australia Spam Act The Australia Communications and Media Authority NoAustralia
CASL - Canada's Anti-Spam Legislation Government of Canada NoCanada
Act to Protect Consumer Rights SERNAC NoChile
Data Protection (Privacy of Personal Information) Act, 2003
DPC Guide for Data Controllers NoBahamas
Section 107 para. 2, 3, and 5 of the Telecommunications Act 2003 (TKG 2003)
--z Opt-Out RegistryAustria
Electronic Transactions Actt -- --Barbados
Belgium e-Commerce Act of 2003 www.privacycommission.be/ Data controller/processor registryBelgium
Integrated Electronic Communications Regulations Government of Bermuda, Department of Ecommerce Data controller/processor registryBermuda
(DRAFT) Law - Protection of Personal Data Brazilian Government Data controller/processor registryBrazil
Regulations On Internet Email Services (2006) http://www.gov.cn/english/2005-10/02/content_74175.htm
Data controller/processor registryChina
The Law on Electronic Commerce Personal Data Protection Commission Data controller/processor registryBulgaria
45Laws and Regulations Covering Commercial Electronic Messaging
Laws and Regulations Covering Commercial Electronic Messaging
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Legislation Regulator National registry
Right of Habeas Data http://www.sic.gov.co/ NoColombia
Law No. 8968 on the Protection of the Person concerning the Treatment of Personal Data
http://www.poder-judicial.go.cr/ YesCosta Rica
Personal Data Protection Law http://www.poder-judicial.go.cr/ Data controller/processor registryCroatia
Electronic Communications and Postal Services Law http://dataprotection.gov.cy Data controller/processor registryCyprus
Act No. 480/2004 Col. on Some Services of Information Agencies
https://www.uoou.cz Data controller/processor registryCzech Republic
Marketing Practices Consolidation Act http://www.datatilsynet.dk/english/ Data controller/processor registryDenmark
Electronic Commerce, Electronic Signature and Data Message Law (Law 2002-67)
http://www.oas.org/ Data controller/processor registryEcuador
Electronic Communications Act http://www.aki.ee/en/inspectorate Data controller/processor registryEstonia
Act on Processing Personal Data http://www.datueftirlitid.fo/default.asp?sida=2878 Data controller/processor registryFaroe Islands
Information Society Code http://www.tietosuoja.fi/ Data controller/processor registryFinland
Article L.34-5 Code of Postal and Electronic Communications
http://www.cnil.fr Data controller/processor registryFrance
Federal Data Protection Act http://www.bfdi.bund.de/EN/Home/homepage_node. Opt-out registryGermany
Data Protection Act, 2004 http://www.gra.gi/index.php?site=dataprotection NoGibraltar
Laws and Regulations Covering Commercial Electronic Messaging
46Laws and Regulations Covering Commercial Electronic MessagingCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Legislation Regulator National registry
Law on the Protection of Privacy in Electronic Communications
http://www.dpa.gr/portal/page?_pageid=33,40911&_dad=portal&_schema=PORTAL
Data controller/processor registryGreece
Article 24 of the Constitution of the Republic of Guatemala
http://www.congreso.gob.gt/index.php --Guatemala
Privacy and Electronic Communications Regulations http://www.ico.gov.uk/ NoGuernsey
Unsolicited Electronic Messages Ordinance http://www.pcpd.org.hk/ NoHong Kong
Advertitising Act http://www.naih.hu/general-information.html Data controller/processor registryHungary
Information Technology Act, 2000 http://deity.gov.in/ NoIndia
Unsolicited Communications Regulations 2005 http://www.gov.im/odps/ Opt-out registryIsle of Man
Amendment 40 to the Communications Law. http://www.moc.gov.il/142-en/MOC.aspx Data controller/processor registryIsrael
NoJapan
Data controller/processor registryItaly Data Protection Code 2003Data Protection Act of 1998Personal Data Protection Code: Legislative Decree no. 196/2003
http://www.garanteprivacy.it/garante/navig/jsp/index.jsp
Act of regulation of Transmission of Specified Electronic Mail
http://www.soumu.go.jp/english/
Laws and Regulations Covering Commercial Electronic Messaging
47Laws and Regulations Covering Commercial Electronic MessagingCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Legislation Regulator National registryCountry Legislation Regulator National registry
Data controller/processor registryJersey Data Protection (Jersey) Law 2005 http://www.dataprotection.gov.je/
NoKazakhstan Data Protection Law Pending
NoKyrgyz Republic The Law of the Kyrgyz Republic on Personal Data Pending
Data controller/processor registryLatvia Personal Data Protection Law http://www.dvi.gov.lv/lv/
--Lebanon Pending http://www.economy.gov.lb/index.php/home/2
Data controller/processor registryLithuania Law on Electronic Communications http://www.ada.lt/
Data controller/processor registryLuxembourg Law of 30 May 2005 http://www.cnpd.public.lu/fr/legislation/droit-lux/index.html
Data controller/processor registryMacau Macau personal data protection Law no. 8/2005 http://gpdp.gov.mo
Data controller/processor registryMalaysia Communications and Multimedia Act 1998 http://www.skmm.gov.my/index.php
Data controller/processor registryMalta Data Protection Act (CAP 440) http://www.dataprotection.gov.mt
Data controller/processor registryMauritius Data Protection Act 2004 http://dataprotection.govmu.org/English/Pages/default.aspx
NoMexico
Data controller/processor registryMonaco Data Protection Law http://www.ccin.mc/
Data controller/processor registryMontenegro Law on Electronic Commerce http://azlp.me/index.php/me/
The Federal Law on the Protection of Personal Data held by Private Parties
http://inicio.ifai.org.mx/SitePages/English_Section.aspx
48Laws and Regulations Covering Commercial Electronic Messaging
Laws and Regulations Covering Commercial Electronic Messaging
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Data controller/processor registryNetherlands Dutch Telecommunications Act http://www.dutchdpa.nl/
NoNew Zealand Unsolicited Electronic Messages Act 2007 http://www.dia.govt.nz/DIAwebsite.nsf
Opt-out registryNorway The Marketing Control Act http://www.forbrukerombudet.no/id/490.0"
--Pakistan -- --
NoPhilippines Cybercrime Prevention Act http://www.dti.gov.ph/dti/index.php
Data controller/processor registryPoland Personal Data Protection Act http://www.giodo.gov.pl/168/j/en/
Opt-Out RegistryPortugal Law no. 46/2012, of 29 August http://www.cnpd.pt/english/index_en.htm
Data controller/processor registryRomania
Data controller/processor registryRussia Russian Law on Advertising, Statute 18 http://minsvyaz.ru/ru/
Data controller/processor registrySerbia Law on Advertising http://www.poverenik.rs/
--Singapore Singapore SPAM Control Act of 2007 http://www.spamcontrol.org.sg/
Data controller/processor registrySlovak Republic Electronic Communications Act --
Data controller/processor registry (voluntary)Panama Law 51 (amended by Law 82) http://www.mici.gob.pa/
NoPeru Anti Spam Law' No. 28493 http://aplicaciones.indecopi.gob.pe/antispam/reglamento-antispam.html
Law no. 506/2004 http://www.dataprotection.ro/index.jsp?page=home&lang=en
Country Legislation Regulator National registry
49Laws and Regulations Covering Commercial Electronic Messaging
Laws and Regulations Covering Commercial Electronic Messaging
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Country Legislation Regulator National registry
NoTaiwan Personal Data Protection Act DRAFT Anti-Spam Act of 2012
--Thailand DRAFT Personal Information Protection Act --
NoTurkey Law on Regulation of Electronic Trade --
Data controller registry (if sensitive data or transferring data abroad)
UAE - Dubai Data Protection Law Amendment Law http://www.difc.ae/data-protection
Data controller/processor registrySouth Africa Protection of Personal Information Act http://www.popi-compliance.co.za/
Data controller registry (public institutions only)South Korea http://www.kisa.or.kr/eng/main.jsp
Data controller registrySpain
Sweden Personal Data Act
Personal Information Protection Act
Spanish Act on the Information Society Services and e-Commerce
https://www.agpd.es/portalwebAGPD/index-ides-idphp.php
Data controller registry (if no designated Privacy Officer)
http://www.datainspektionen.se/
Switzerland Swiss Federal Act against Unfair Competition Data controller registry (for private persons)http://www.edoeb.admin.ch/?lang=en
NoUK - England Privacy and Electronic Communications Regulations https://ico.org.uk/
NoUK - Ireland ePrivacy Directive http://www.dataprotection.ie/docs/Home/4.htm
NoUnited States US CAN-SPAM Act Federal Trade Commission
NoValenzuela Article 28 of the Constitution --
Affirmative (Opt-In) Consent
Affirmative consent, also known as “opt-in”, is any explicit action taken by a consumer in acceptance of a clear and specific call-to-action to receive promotional messages. In practice, for affirmative consent to be valid the sender must request consent prior to adding the recipient to any recurring marketing programs.
It is common for consumers to be asked to check a box, fill out an email collection form, or click an ‘Agree’ button to unambiguous marketing terms to give consent. The recipient may then receive a notification informing them they will now receive messages, or with a clear call-to-action to confirm their initial consent.
Please see the Messaging, Malware and Mobile Anti-Abuse Working Group’s (MAAWG) Sender Best Common Practices for in-depth guidance.
Best Practice
Best business and privacy practices, per established codes of practice or based on common sense, which may go above and beyond what is allowed by law to ensure an optimal consumer experience. Best practice within this document means “recommended practice”.
Commercial Electronic Message (CEM)
A commercial electronic message is an electronic message that has as its primary purpose, or one of its purposes, to encourage participation in a commercial activity through offers, advertisements, promotions or any other solicitations, or that
contains a request for consent to send further commercial messages.
It is important to note that in some jurisdictions, notably within the UK and EU member states, messages that do not encourage commercial activity but merely facilitate a business relationship are still considered CEMs. Such messages are generally exempted from prior consent and opt-out compliance requirements but may still be subject to sender identification and related transparency obligations.
Consent Record-Keeping
Marketers must keep a record of permission level given (implied or express consent) and date of consent given. Through record-keeping can include the IP address, date and time of opt-in captured as well as the URL of the page submitted. Any information captured when providing consent should be solid enough to be proved in court as verifiably obtaining consent.
Double / Confirmed Opt-In Consent
Double opt-in is a strong permissioning process where an email recipient takes an explicit action to confirm their interest to receive marketing messages from a sender. Once the recipient confirms the subscription they can be included in future messaging and are considered double opted-in.
The benefit of double opt-in is that ownership of the opted-in address is verified thereby reducing the occurrence of spoofed or invalid subscriptions.
Definitions
50DefinitionsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Definitions
51DefinitionsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
Factual (Transactional) Message
A commercial electronic message that serves an informational, transactional, legally mandated or an otherwise administrative purpose and does not encourage new commercial activity. This category includes purchase receipts, monthly statements, customer experience feedback requests and data breach notifications. These messages are commonly exempted from prior consent and opt-out requirements, but may be subject to sender identification and related transparency obligations.
First Party
A first party is an organization with either an existing and direct business relationship with or unambiguous consent from the email recipient such that the recipient reasonably expects to receive marketing communications from the organization. First parties may reserve the right to share customer email addresses with unaffiliated business partners for their own marketing purposes.
Implied Consent
Implied consent is generally considered to exist during the course of a business relationship where the recipient has volunteered their email address and reasonably expects to receive commercial electronic messages. Expectations are typically managed through clear and unambiguous statements in the sender’s privacy policy but may include more up-front disclosures where the email address is collected.
Indirect (Third-Party) Consent
Indirect consent is the practice of first-parties granting themselves the right to share customer email addresses with unaffiliated third-parties without the recipient’s prior affirmative or informed consent. By relying on statements in the first-party’s privacy policy that email addresses may be shared with ‘trusted partners’ for their own marketing purposes, the third-party is said to have indirect consent to engage. As with opt-out consent practices, recipients commonly perceive this practice as resulting in unsolicited commercial email, a.k.a ‘spam’
In contrast, a co-registration agreement where the third-party’s brand is referenced with an unchecked box on a partner website reduces the risk of sending ‘spam’. A site visitor would know they are subscribing to emails from a specific brand, would be able to give their unambiguous consent, and the resulting email would not be viewed as unsolicited.
Informed Consent
Informed Consent is in the middle ground between Affirmative and Implied Consent where marketing is presented as part of the service or product being offered. Commonly, and particularly in the UK and other EU member states, informed consent takes the form of an up-front, clear and unambiguous disclosure of marketing intent and the ability to opt-out at any time. By accepting the terms of service and proceeding, the recipient is said to give their informed consent.
Mixed Content
A commercial electronic message (CEM) that combines
Definitions
52DefinitionsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
promotional and informational elements. Within the US, the Federal Trade Commission provides senders with a Primary Purpose Test to reasonably determine whether the message is primarily promotional or factual. It is important to note that this test is unique to the US. Outside of the US, any message that has as one of its purposes to encourage new commercial activity is generally treated as a promotional message.
Opt-Out Consent
Opt-out consent is the practice of first-parties assuming broad rights to use the recipient’s email address for marketing purposes until such time that they object using an unsubscribe mechanism. Rights may also include the ability to share email addresses with unaffiliated third-parties for their own marketing purposes without the recipient’s prior affirmative or informed consent. Recipients commonly perceive this practice as resulting in unsolicited commercial messages, a.k.a ‘spam’.
Opt-Out Mechanism
A link or mechanism in an email message that allows the recipient to request cessation of communications from the sender or senders.
Pre-Checked Boxes
Pre-checked boxes are choice mechanisms that are checked by default. They are commonly used to assume consent on the part of the recipient but are accompanied by adjacent disclosures of marketing intent. If the recipient does not make the effort to
uncheck the box when the email address is collected, depending on the robustness of the disclosures they may be said to have given their informed or implied, but not affirmative consent.
This practice is regulated in some jurisdictions, notably Canada and Germany.
Promotional Message
A commercial electronic message (CEM) that has as its primary purpose to encourage participation in a commercial activity through offers, advertisements, incentives or any other solicitations.
Refer-a-Friend (RAF) Mechanism
A Refer-a-Friend mechanism is an online form that allows existing customers to refer the brand’s products or services to potential new customers. Since the brand does not yet have a direct business relationship with the end-recipients, they are generally precluded from adding the end-recipient’s email address to their marketing lists. A common best practice is for the RAF message to be a one-time, personalized message ‘from’ the customer to their friend, and containing a call-to-action for the friend to opt-in to the brand’s marketing program.
Remarketing (abandoned cart) Message
A commercial electronic message (CEM) that encourages a new commercial activity closely related to a prior activity, or the conclusion of a previously incompleted commercial activity. Shopping cart abandonment reminders are a common example of
Glossary
53DefinitionsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
In practice, contracts between senders and email service providers, and email service providers and receivers, are what control UCE.
remarketing messages that despite regarding a transaction are no different from any other promotional message.
Third Party
A third party is an organization that may not have a direct pre-existing business relationship with the end-recipient, instead relying on sharing disclosures within a first party’s privacy policy to engage potential future customers. It is a best practice for first parties to promote third party offers within their own marketing messages through joint marketing and co-registration partnerships. A growing number of privacy laws around the world, as well as industry codes of practice, place a higher burden on third parties relying on indirect and opt-out forms of consent to directly engage a first party’s customers.
Unsolicited Commercial Email (UCE)
Unsolicited Commercial Electronic Message is commonly defined as any commercial message that is sent to a recipient without that recipient’s prior affirmative, informed or implied consent. International privacy and data protection laws regulate UCE with various limitations, in most cases requiring some form of prior consent.
Recent guidance issued by international privacy commissioners (e.g., Canada, Australia, U.K.) has set out exactly how their respective privacy laws may apply to electronic marketing. The common theme expressed by privacy commissioners is that consent for marketing should be knowingly given in a manner that is clear, specific, and overt.
54Thank You!Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
A special thanks to DMA’s Email Experience Council (eec)
and its Advocacy Subcommittee for creating this guidance:
Nancy Harris, CIPP, Director of Deliverability, SalesfusionChris Kolbenschlag, Director of Deliverability, BrontoJames Koons, CIPP, Chief Privacy Officer, dotmailer
Alex Krylov, CIPP, Privacy & Compliance Leader, Experian Marketing SuiteUdeme Ukutt, Director, Deliverability & Industry Relations, Mailjet
And a special thank you to Simple Media for providing graphics and design.
For questions about membership or distribution, please contact us:
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website: https://emailexperience.org
If you have suggestions for changes, additions or enhancements to this guide, pleasesend your comments to [email protected]. This guide will be refreshed
periodically. Please check back for additional updates.
Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.
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