Email compliance covers the laws, regulations, and standards governing every message you send — marketing campaigns, transactional receipts, and daily business communications alike.
It’s extremely important to make sure your sending habits are compliant, because the stakes are high (financially):
- GDPR fines can hit €20 million or 4% of global revenue
- CAN-SPAM penalties reach $53,088 per email in violation
- Non-compliant senders face blocklisting, lawsuits, and destroyed deliverability
Hence, compliance isn’t optional. Whether you’re emailing US consumers, EU residents, or Canadian contacts, regulations dictate how you collect consent, what you include in messages, and how you handle unsubscribes.
This guide covers the major frameworks, what they require, and how to stay on the right side of each.
What does email compliance actually mean?
Email compliance means conforming to the laws, industry regulations, and internal policies governing electronic communications. The scope extends beyond marketing — transactional messages, internal memos, and day-to-day correspondence all fall under various requirements.
Five distinct areas make up email compliance:
| Area | What it covers | Key regulations |
| Anti-spam | Who you can email, opt-out requirements | CAN-SPAM, CASL, GDPR |
| Data privacy | How you collect, store, and process data | GDPR, CCPA |
| Security | Encryption, authentication, data protection | GDPR, HIPAA, PCI DSS |
| Accessibility | Making emails usable for all recipients | ADA, WCAG 2.1/2.2 |
| Archiving | Record retention, legal discovery | SOX, HIPAA, FRCP |
Most businesses must address multiple areas simultaneously.
Which regulations apply to your email sending?
Your compliance obligations depend on where your recipients live and what industry you operate in. Geography matters enormously — a US-based company emailing EU residents must comply with both CAN-SPAM and GDPR.
CAN-SPAM (United States)
The Controlling the Assault of Non-Solicited Pornography and Marketing Act governs commercial email in the US. “Commercial” means any message whose primary purpose is advertising or promoting a product or service.
| Requirement | Details |
| Accurate headers | “From,” “To,” “Reply-To” must identify the sender truthfully |
| Honest subject lines | Subject must reflect message content |
| Ad disclosure | Must clearly identify the message as an advertisement |
| Physical address | Must include a valid postal address |
| Opt-out mechanism | Must provide a clear unsubscribe method |
| Honor opt-outs | Must process within 10 business days |
| Third-party accountability | Responsible for vendors sending on your behalf |
A key distinction to be noted is that CAN-SPAM doesn’t require opt-in consent.
You can email someone who hasn’t explicitly subscribed — but you must honor opt-outs and include required disclosures. The law focuses on how you send, not whether you have permission.
Penalties reach $53,088 per violation. A single campaign to 10,000 addresses could theoretically trigger over $500 million in fines (though enforcement rarely reaches this extreme).
GDPR (European Union)
The General Data Protection Regulation applies to any organization processing personal data of EU residents — regardless of where the business is located. For email marketers, GDPR creates stricter requirements than CAN-SPAM.
| Requirement | Details |
| Explicit consent | Must obtain clear, affirmative opt-in (no pre-checked boxes) |
| Consent documentation | Must record when and how consent was obtained |
| Right to erasure | Must delete data upon request |
| Data minimization | Collect only necessary information |
| Encryption | Must protect personal data during transmission and storage |
| Breach notification | Must report breaches within 72 hours |
The explicit consent requirement is the critical difference.
No pre-checked boxes, no implied consent, no “we’ll assume you want emails unless you say otherwise.” Subscribers must take affirmative action to opt in, and you must document when and how they did so.
Penalties scale with severity — up to €20 million or 4% of annual global revenue, whichever is higher.
CASL (Canada)
Canada’s Anti-Spam Legislation requires consent before sending — distinguishing between express consent (explicit opt-in) and implied consent (existing business relationship). Implied consent expires after two years without a transaction, making ongoing express consent the safer approach.
Consent comparison
The consent requirement varies significantly across jurisdictions:
| Consent type | CAN-SPAM | GDPR | CASL |
| Explicit opt-in required | No | Yes | Yes (express) or implied |
| Pre-checked boxes allowed | Yes | No | No |
| Opt-out sufficient | Yes | No | No |
| Consent documentation | Not required | Required | Required |
| Transactional exemption | Yes | Partial | Yes |
If you email internationally, the safest approach is meeting the strictest standard (GDPR’s explicit opt-in with documentation). Compliance with GDPR generally means compliance with CAN-SPAM and CASL as well.
What about industry-specific regulations?
Beyond general anti-spam and privacy laws, certain industries face additional compliance requirements.
Healthcare (HIPAA)
HIPAA governs protected health information (PHI).
Healthcare providers, insurers, and their vendors cannot send PHI via unencrypted email. Many organizations use secure patient portals instead, with emails containing only links to protected content.
Retention requirement is 7 years for PHI-related communications.
Financial services
The Sarbanes-Oxley Act (SOX) requires publicly traded companies to retain financial reporting records for at least 7 years — including emails.
| Regulation | Retention period | Record type |
| SOX | 7 years | Financial reporting emails |
| HIPAA | 7 years | PHI-related communications |
| IRS | 7 years | Tax-related records |
| PCI DSS | 1 year | Cardholder data communications |
| FRCP | Varies | Litigation-relevant emails |
Archived messages must be tamper-proof and retrievable for audits. PCI DSS applies to anyone handling payment card data. Sending unencrypted cardholder data via email violates the standards.
How do accessibility requirements affect email compliance?
The Americans with Disabilities Act prohibits discrimination against people with disabilities.
Courts increasingly interpret this to include business emails — meaning inaccessible campaigns create legal exposure.
The Web Content Accessibility Guidelines (WCAG 2.1 and 2.2) provide the technical standards:
| Element | Requirement | Why it matters |
| Alt text | Descriptive text for meaningful images | Screen readers need context |
| Color contrast | Minimum 4.5:1 ratio for text | Accommodates low vision and color blindness |
| Heading structure | Proper HTML headings (h1, h2) | Enables screen reader navigation |
| Link text | Descriptive anchors (not “click here”) | Provides context without surrounding text |
| Responsive design | Works across devices and clients | Ensures universal access |
| Plain text version | Alternative to HTML | Improves screen reader compatibility |
Accessibility isn’t limited only to legal protection — it expands your reach. Approximately 15% of the global population lives with some form of disability. Inaccessible emails exclude potential customers and signal that you haven’t considered their needs.
What technical requirements support compliance?
Technical implementation supports multiple compliance areas simultaneously. Authentication protocols and security measures aren’t just deliverability tools — they’re compliance mechanisms.
Authentication protocols
SPF, DKIM, and DMARC became mandatory for bulk senders when Gmail and Yahoo updated their sender requirements in 2024. Unauthenticated email faces rejection at the gateway.
These protocols also protect against spoofing and phishing, supporting security compliance requirements under GDPR and similar regulations.
Encryption
GDPR and HIPAA both require the protection of personal data in transit.
TLS encryption for email in transit is the baseline expectation. For sensitive data (healthcare records, financial information), additional encryption layers may be necessary.
Data loss prevention
DLP systems flag or block outbound emails containing sensitive information:
- Credit card numbers
- Social security numbers
- Medical record identifiers
- Other personally identifiable information
Preventing accidental disclosure supports HIPAA, PCI DSS, and GDPR compliance — and protects your organization from the breach notification requirements that follow exposure.
What are the most common compliance mistakes?
Most compliance failures stem from oversight rather than intent. Understanding common errors helps you avoid them.
| Mistake | Consequence | Prevention |
| No unsubscribe link | CAN-SPAM violation, fines | Include in every commercial email |
| Pre-checked consent boxes | GDPR violation | Use unchecked opt-in by default |
| Ignoring opt-out requests | Fines, blocklisting | Process within 10 days maximum |
| Missing physical address | CAN-SPAM violation | Include in footer |
| Purchased lists | ESP suspension, spam traps | Organic list building only |
| No consent documentation | GDPR audit failure | Record the timestamp and the method |
| Inaccessible emails | ADA complaints, exclusion | Follow WCAG guidelines |
The purchased list mistake deserves emphasis. Bought lists contain spam traps, invalid addresses, and people who never consented. Beyond compliance violations, they destroy sender reputation and get accounts suspended. There’s no scenario where purchased lists end well.
How do you build a compliance program?
Sustainable compliance requires more than checking boxes on individual campaigns. You need systematic processes that catch issues before they become violations.
Document everything
Consent collection, opt-out processing, and data handling — all require documentation. When regulators investigate (or lawsuits arrive), you need records proving compliance:
- Timestamp every opt-in
- Log the consent method used
- Retain unsubscribe request records
- Document data processing activities
Assign responsibility
Compliance isn’t one person’s job — it’s distributed across functions:
| Role | Responsibilities |
| Legal/Compliance | Define policies, monitor regulatory changes, and assess risk |
| Marketing | Implement consent collection, manage preferences, and ensure content compliance |
| IT | Configure authentication, encryption, and archiving systems |
| HR | Employee training, policy communication |
| Everyone | Follow policies, report concerns, and handle data appropriately |
Someone (usually legal or a dedicated compliance officer) must own the overall program, but execution happens across the organization.
Train staff
Human error causes most compliance failures. Regular training ensures everyone understands:
- How to handle data access and deletion requests
- What information can and cannot be emailed
- How opt-out processes work
- When to escalate concerns
Audit regularly
Periodic reviews catch drift before it becomes a violation. Check that:
- Archived emails are retrievable
- Unsubscribe links work correctly
- Authentication remains properly configured
- Consent documentation exists and is accessible
Compliance protects both your business and your recipients
The regulations exist because email abuse was (and remains) a real problem — and the penalties exist because voluntary compliance proved insufficient.
For help implementing authentication protocols and building compliant sending infrastructure, an email deliverability consultant can assess your current setup and identify gaps before regulators or mailbox providers do.
Frequently asked questions
Here are some commonly asked questions about email compliance:
Generally no. Transactional emails (order confirmations, password resets, shipping notifications) are exempt from many commercial email requirements because they facilitate an existing transaction. However, if transactional emails include promotional content, the entire message may be classified as commercial under CAN-SPAM.
Retention periods vary by regulation. SOX and HIPAA require 7 years for covered records. PCI DSS requires 1 year. If multiple regulations apply, use the longest period — many organizations default to 7 years for all business email to simplify compliance.
Under CAN-SPAM, yes — if you include required disclosures and honor opt-outs. Under GDPR and CASL, generally, no — you need prior consent. International senders should default to opt-in requirements for safety across all jurisdictions.
Explicit consent requires a clear affirmative action — checking an unchecked box, clicking adouble opt-in confirmation link, or typing confirmation. Pre-checked boxes, silence, and implied agreement don’t qualify. You must also document what specific consent was given for.
