Explicit consent, also known as express or direct consent, gives a person or business the right to process personal data. Consent can be obtained in written or verbal form. However, both forms require you to keep records of collecting consent.
A classic example of email marketing is a website registration form. Ideally, you provide customers with a checkbox to agree to sign up for your newsletter.
so only a registration form is filled out, we speak of simple opt-in . When the registration must be confirmed via a link sent to the acquired email address, we talk about double opt-in .
Implied consent
Implied consent, also called inferred or indirect consent, usually stems from your current behavior and situation.
The best example is when a business transaction occurs and the recipient buys something from you. Therefore, you can assume office 365 database that the customer will be interested in similar products or services in the future.
The exact boundaries between the two types of consent are defined in national laws.
Spam Laws by Country
We have collected high-level information about national laws from more than 20 countries. In each section, you will find information on:
What laws apply to spam?
What are the main requirements of the ruling?
What are the sanctions for violating the law?
North American Spam Laws
United States – CAN-SPAM Act (2003)
The federal government's Controlling the Abuse of Unsolicited Pornography and Marketing (CAN-SPAM) Act, enacted in 2003, prohibits the sending of commercial electronic messages (CEMs) unless they meet the following requirements.
Content:
Make it clear to recipients the commercial nature of your emails (unless you have given prior consent),
Your email must have an accurate title.
The subject line must be relevant to the offer in the body of the message, and
Labels should indicate adult content.
State your valid physical address, and
Offers a cancellation option that is processed within 10 days.
One thing that sets the CAN-SPAM Act apart from similar legislation in the EU, Canada, or Australia is its opt-out approach .
You are free to contact individuals or businesses without prior consent, as long as you comply with the requirements above and do not use illegal means to collect email addresses. An example of illegal means is using an automatic email generator.
Finally, be careful about who you hire to handle your email marketing. Liability is shared between the company sending the message and the company promoting the product. If you break the law, fines can be up to $16 per email per violation.