What are the rules for sending marketing emails and newsletters?
The short answer
Get permission first wherever the law requires it (the EU, UK, Australia and Canada generally do), always say clearly who the email is from, include a working unsubscribe and act on it quickly, and never use misleading subject lines. The US CAN-SPAM Act lets you email without prior consent but still requires an opt-out, your postal address and honest headers.
Applies in US · Australia · Canada · UK · EU
| Where the people are | Permission | Unsubscribe and sender details |
|---|---|---|
| US (CAN-SPAM Act) | Not required first. Headers and subject lines must be accurate, and the email must be identified as an ad. | A clear opt-out, honoured within 10 business days, and a valid postal address (a PO box is fine). |
| Australia (Spam Act 2003) | Express or inferred consent. | A free unsubscribe that needs no login, honoured within 5 working days and working for at least 30 days after sending. Identify the sender and how to contact them. |
| Canada (CASL) | Express consent, or implied consent in limited, time-limited cases. | An unsubscribe actioned within 10 business days at no cost. Include your business name, mailing address and another way to contact you. |
| UK (PECR) | Consent for emails and texts to individuals, unless the “soft opt-in” applies: you got their details when they bought (or asked about buying) from you, you’re marketing your own similar products, and you offered a free opt-out then. | A simple, free way to opt out in every message. |
| EU | Consent, with a similar existing-customer exception in most countries. | An easy way to opt out in every message. |
In the US, each email that breaks CAN-SPAM can cost up to US$53,088 (the amount in force since 17 January 2025).
Good practice everywhere
- Keep a record of when and how each person agreed.
- Use an email service that handles unsubscribes automatically.
- Don’t buy email lists.
SlopDox provides compliance assistance only. This is general information to help you prepare — not legal advice, and no guarantee that a law does or doesn’t apply to you. For decisions, speak to a qualified lawyer.
Words used here
- Newsletter / marketing email
- A tool that keeps your mailing list and sends the emails you choose to send to it — newsletters, offers and announcements.
- Personal data
- Any information about an identifiable person — names, emails, addresses, health notes, photos. Privacy laws control how you collect, store and protect it.
Still have a question?
Ask the SlopDox assistant: it answers from this catalog, any time. Or let SlopDox keep track of your websites for you, free for up to 3 websites.