LeadGnome supports compliance with email spam Laws
Privacy / spam laws are serious business for any organization that uses Commercial Electronic Messages (CEMs) – emails. Fines for infractions range from $40K – $23M, depending on the recipient’s country of residence, whether the sender is an organization or individual, and the severity and frequency of the violation.
While the laws differ between the United States, Canada and Europe, there is one common requirement: managing unsubscribe requests. If someone requests to opt-out of your sales and marketing campaigns, you MUST immediately comply — even if this comes back in a reply email.
Bottom Line: Don’t rely on error-prone manual processing of reply emails. Automate your handling of unsubscribe requests with LeadGnome.
Automatically update your database with LeadGnome
When you send an email marketing campaign, replies are inevitable. Once considered a nuisance, we now know those reply emails are an invaluable source of Account Based Intelligence (ABI).
From Out-Of-Office, Left-The-Company, and other personal and auto-responses, LeadGnome updates your existing database with intelligence like:
- When contacts are in and out of the office
- When contacts leaves their company
- Alternate and replacement contacts
- Enrichment information like phone number, address, and title
- When a company changes names (rebranding or merger & acquisition)
- When a contact wishes to unsubscribe from your mailing list
That last point is hands-down one of the most important reasons for mining reply emails to stay compliant with email privacy laws. If a contact manually replies with an unsubscribe request — and you don’t catch it — you could face legal consequences.
Read More: Reply Email Mining Best Practices For Adding New Contacts
Europe - GDPR
In Europe, the GDPR (General Data Protection Regulation) is set to take effect May 25, 2018, and is the European Union’s (EU) most important change to data privacy in 20 years. If your organization does business in Europe, you need to come up to speed and make sure you’re compliant with this regulation.
What to know about the GDPR as it relates to email marketing:
- Applies to all countries in the European Union
- Applies to any business, regardless of location, that processes personal information of subjects residing in the EU
- GDPR acknowledges that direct marketing will often be a ‘legitimate interest’ of the data controller (refer to Phil Lee’s recent article)
- Withdrawing consent (opt-out) must be as easy as giving consent
- EU residents have a right to access their personal data from any business
- EU residents have a right to be forgotten – have their personal data erased
How LeadGnome supports compliance:
- Adds 20%+ net new contacts annually (request legal opinion at info@leadgnome.com)
- Maintains accurate contact information
- Catches manual opt-out requests
Please read our Data Processing Addendum on our Terms of Service page for details on how LeadGnome has the necessary processes in place to support your need to market and sell to contacts in the EU. We are proud to provide our customers with the confidence to execute globally.
Canada - CASL
In Canada, CASL (Canadian Anti Spam Legislation) requires that any business sending CEMs to Canadian recipients obtain express or implied consent – and have the records to prove it. If you’re emailing with implied consent, however, you can only do so for 24 months. After that, you’ll need to obtain express consent.
- Express – Your recipient agrees explicitly to receive your content.
- Implied – Through action or relationship, it is implied you can send email. (Like when your lead provides an alternate or replacement contact in their reply email.)
How LeadGnome supports compliance:
- Adds 20%+ net new contacts annually, which are compliant under implied consent
- Maintains accurate contact information
- Catches manual opt-out requests
United States - CAN-SPAM Act
In the US, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) makes it illegal for any person or business to send a CEM unless that message:
- Is clearly identified as a solicitation or advertsement – unless prior consent has been given (subscribed/opted-in to a mailing list)
- Provides notice and ability for the recipient to easily opt-out
- Lists a physical address of the sender
How LeadGnome supports compliance:
- Adds 20%+ net new contacts annually
- Maintains accurate contact information
- Catches manual opt-out requests, which are more frequent under CAN-SPAM where businesses can email without obtaining express consent
LeadGnome integrates with major CRM, Marketing automation & email platforms
In every case, LeadGnome supports email spam law compliance by maintaining your database with new and updated intelligence, and monitoring reply emails to immediately identify unsubscribe requests.
LeadGnome integrates with major Marketing Automation Platforms like HubSpot (Marketing, Sales, and CRM), Marketo, Oracle Marketing Cloud, Oracle Sales Cloud, and Salesforce, as well as email platforms like Outlook and Gmail. Our web service runs seamlessly in the background, and the account based intelligence flows directly into the platforms you use every day.
Disclaimer
This web page provides a high level overview about international email laws, but is not intended, and should not be taken, as legal advice. Please contact your attorney for advice on email marketing regulations or any specific legal problems.
