GDPR, CAN-SPAM, and Email Compliance in 2025

GDPR, CAN-SPAM, and Email Compliance in 2025

Data privacy laws are more relevant than ever in 2025, and email marketers can’t afford to ignore them.

Whether you’re running a solo newsletter or managing a large eCommerce list, compliance isn’t just about avoiding fines; it’s about building trust with your subscribers.

This post will break down:

• The major email compliance laws (GDPR, CAN-SPAM, and others)

• What’s changed in 2025

• What you must do to stay legal and ethical

• Common compliance mistakes to avoid

Let’s clear up the confusion so you can market with confidence.

⚖️ Why Email Compliance Matters (Now More Than Ever)

• Fines are real: GDPR violations can cost up to €20 million or 4% of global turnover.

• Trust is currency: Subscribers want to know their data is safe and respected.

• Platforms are stricter: Email service providers (ESPs) like Mailchimp, ConvertKit, and Klaviyo are enforcing compliance more aggressively.

If you want strong deliverability, happy subscribers, and a list that grows long-term — compliance is not optional.

🔐 GDPR: General Data Protection Regulation (EU)

Applies to: Anyone collecting or emailing subscribers in the EU or UK — no matter where you are located.

Key Requirements:

1. Explicit Consent

   • No pre-checked boxes or assumed opt-ins

   • Subscribers must take a clear action to join your list

2. Right to Access and Delete

   • Subscribers can ask what data you have and request deletion (a.k.a. the “right to be forgotten”)

3. Purpose Limitation

   • You must only use subscriber data for the reason they opted in (e.g., don’t collect emails for a freebie and then send unrelated promotions)

4. Data Minimization

   • Only collect the info you need — don’t ask for unnecessary fields

5. Record Keeping

   • You must keep records showing how and when someone gave consent

6. Breach Notification

   • You must report certain data breaches to authorities within 72 hours

2025 Update:

• More audits and automated compliance checks across popular platforms

• Increased enforcement of data transparency and user-friendly unsubscribe processes

🇺🇸 CAN-SPAM: Controlling the Assault of Non-Solicited Pornography and Marketing Act (US)

Applies to: Any commercial email sent to recipients in the U.S.

Key Requirements:

1. No False or Misleading Info

   • Sender name, subject line, and email address must be honest

2. Identify the Message as an Ad (if applicable)

   • This doesn’t mean plastering “ADVERTISEMENT” at the top, but it must be clear

3. Include a Physical Mailing Address

   • You must show a real, valid address (PO boxes are acceptable)

4. Include an Unsubscribe Link

   • It must be easy to find and must work for at least 30 days

5. Honor Opt-Out Requests Promptly

   • You must process unsubscribes within 10 business days

2025 Update:

• The FTC has ramped up enforcement, especially for DTC (direct-to-consumer) brands and affiliate marketers

• Transparency in AI-generated emails is under review — marketers are encouraged to disclose automated content when relevant

🌎 Other International Laws to Know

CASL (Canada’s Anti-Spam Legislation)

• Requires express consent (even more strict than GDPR)

• Consent must be documented and refreshed over time

PECR (UK Privacy and Electronic Communications Regulations)

• Works alongside UK GDPR

• Applies to email, cookies, and electronic communications

Australian Spam Act

• Requires opt-in consent, clear sender identification, and easy opt-outs

📋 Compliance Checklist for 2025

Here’s what to double-check before every campaign:

✅ Clear, documented opt-in (no pre-ticked boxes)
✅ Easy-to-find unsubscribe link in every email
✅ Real sender name and address
✅ Only email people who chose to hear from you
✅ Privacy policy easily accessible
✅ Ability to delete or export user data if requested
✅ Don’t share or sell subscriber data without explicit consent

BONUS: Use a reputable email service provider (ESP) — they’ll help you stay compliant and flag risky practices.

🚫 Common Email Compliance Mistakes to Avoid

• ❌ Adding people to your list after a purchase without consent

• ❌ Buying or renting email lists (always illegal and always spammy)

• ❌ Using misleading subject lines (“Re: Your Refund” when none exists)

• ❌ Hiding the unsubscribe link in white text or images

• ❌ Forgetting to update your privacy policy when collecting new data

🤝 Compliance Is Trust

In 2025, privacy isn’t just a legal checkbox — it’s part of your brand identity.

When subscribers see that you respect their inbox, they’re:

• More likely to stay on your list

• More likely to open and engage

• More likely to recommend you

That’s the kind of trust you can’t fake — and can’t buy.

✅ Final Thought: Ethical Marketing Wins

You don’t need shady tactics to succeed with email marketing.
You need:

• Consent

• Clarity

• Consistency

Treat your subscribers like real people, not targets. Respect their data. Be transparent about how you use it.

That’s how you build an email list that grows and lasts.