Email marketing consent in India, the US, UK, EU and Australia

If your customers are spread across countries, the rule that applies is usually the one where the recipient is. Here's how the main markets differ for marketing email.

United States: CAN-SPAM

• You don't need prior consent to send commercial email, but recipients must be able to opt out.
• Every email needs an accurate sender and subject line, a valid physical postal address and a clear way to unsubscribe.
• Opt-outs must be honoured within 10 business days.

United Kingdom: PECR

• Individuals (including sole traders) need to have given consent, unless the 'soft opt-in' applies.
• Soft opt-in: you got their details during a sale or negotiation, you're marketing your own similar products, and you offered an opt-out then and in every message.
• Emails to corporate addresses don't need consent, but must identify you and offer an opt-out.

European Union: ePrivacy and GDPR

• Consent is the default for marketing email to individuals, with a soft opt-in for existing customers similar to the UK's.
• Rules for business addresses vary by country.
• Consent must be freely given, specific and recorded, and as easy to withdraw as to give.

Australia: Spam Act 2003

• You need consent, which can be express or inferred from an existing relationship. This applies to business addresses too.
• Every message must identify the sender and include a working unsubscribe.
• Unsubscribe requests must be honoured within 5 business days.

India: DPDP Act

• Processing someone's personal data for marketing needs their consent, given after a clear notice of what you'll do with it.
• People must be able to withdraw consent as easily as they gave it.
• Keep a record of when and how each person consented.

One approach that works everywhere

• Record consent per person with the date, source and wording shown.
• Check each recipient's country before every send, and hold back anyone without a valid basis.
• Put an unsubscribe link and your postal address in every email, and honour opt-outs straight away.
• Never send marketing to bought consumer lists.

WhatsApp and SMS have their own rules, including WhatsApp's own opt-in policy. This guide isn't legal advice.