The eec Global Email Marketing Compliance...

The eec Global Email Marketing Compliance Guide January 2016

Version 1.0

http://www.silverpop.com

Table of Contents

Background

Glossary

Email Consent Continuum

Baseline Consent Requirements

Opt-Out Requirements

Covered Commercial Email Message Types

Promotional and Mixed Content Email Requirements

Factual Content Email Requirements

Laws and Regulations Covering Commercial Electronic Messaging

Definitions

Special Mention

01

03

04

05

15

21

29

37

44

50

54

Background

More than ever it is crucial that data-driven organizations address the risks and legal responsibilities in relation to their digital marketing practices. The legislative landscape is ever growing, changing, and impactful as we continue to witness a period of unprecedented enforcement in the development of privacy and data protection regulations around the world. For the marketer, it’s no longer about a completely domestic effort, but the impact of your message on a global scale. This guide sets out an overview of the key email and data protection regulations across 77 different jurisdictions and offers a primer for organizations as they consider this complex and increasingly important area of compliance. Marketers are now enabled with this comprehensive resource covering requirements in the areas of consent, opt-out, commercial content and factual email content.

The Email Experience Council’s Advocacy Subcommittee includes members with extensive experience and international reach to guide global organizations in the development and implementation of practical compliance solutions for the myriad of anti-spam laws. A well-constructed and comprehensive compliance program can solve these competing interests and is an important risk management tool for all marketers. This comprehensive document is meant to provide educational guidance on compliance and best practices considerations for email and should not be considered legal advice.

We hope you find this information useful. Please review your email program with your legal counsel to ensure that your program is meeting appropriate legal requirements. These documents are being provided for informational purposes only. Nothing in these documents shall be construed as creating a representation, legal advice, warranty or commitment, contractual or otherwise, by the Email Experience Council, or any affiliate of the Email Experience Council, to you or any other person or entity.

It also does not guarantee that your email and/or any other aspect of your business is in compliance with state, federal, or international laws. The Email Experience Council makes no representation, warranty or commitment that any message you send to end users will be delivered. This email and document is not a substitute for, should not be used in place of, and should not be considered, legal advice. It is recommended that you contact your general or legal counsel for any legal compliance matters related to email marketing and related subject matter.

01BackgroundCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

About

The Email Experience Council (eec) is the email marketing arm of the Direct Marketing Association. The eec is a global professional organization that strives to enhance the image of email marketing and communications, while celebrating and actively advocating its critical importance in business, and its ROI value.

Our mission is to be the voice of the email marketing community, and the source of knowledge and expertise for new entrants and seasoned practitioners. We help set the standards for ethical practices for email and digital marketers, and the entities that serve them.

The eec is pleased to be making available the enclosed eec Global Email Marketing Compliance Guide (“Guide”) for email marketers to use in-house and/or distribute to clients.

02BackgroundCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Glossary

Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Affirmative (Opt-In) Consent

Best Practice

Commercial Electronic Message (CEM)

Consent Record-Keeping

Double / Confirmed Opt-In Consent

Factual (Transactional) Message

First Party

Implied Consent

Indirect (Third-Party) Consent

Informed Consent

Mixed Content

Opt-Out Consent

Opt-Out Mechanism

Pre-Checked Boxes

Promotional Message

Refer-a-Friend (RAF) Mechanism

Remarketing (Ie. Abandoned cart) Message

Third Party

Unsolicited Commercial Email (UCE)

03Glossary

Email Consent Continuum

04Email Consent ContinuumCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

SPAM US CAN-SPAM Act ESP/ISP AUPs Best Practices

No Prior Opt-In or Opt-Out No Prior Opt-Out

EU Directive, CASL

Opt-In Confirmed Opt-In

B E S T P R I V A C Y P R A C T I C EP O O R P R I V A C Y P R A C T I C E

ImpliedConsent

NegativeOption

Consent

NoConsent

AutoConsent

3rd PartyOpt-OutConsent

3rd PartyOpt-OutConsent

InformedConsent

Express/AffirmativeConsent

EngagedConsent

ConfirmedConsent

No Relationship,No Email Unsub Link

Transaction w/ “By clicking I agree to…”

Consent w/ EmailOpen/Click-through Behavior

Transaction w/o Marketing Disclosure

No Relationship,No Email Unsub Link

Transaction w/Pre-checked Box

Email Unsub Linkfrom CoReg,

eAppend

Transaction w/MarketingDisclosure

Transaction w/Unchecked Box

Consent w/ Email“Click here to

confirm…”Request

UNSOLICITED SOLICITEDASSUMED

LOW QUALITY HIGH QUALITY

Type of consent required?

Confirmed (double) Opt-in required?

Country Pre-checked boxes permitted?

Consent record-keeping required?

Is Indirect (third-party)Consent permitted?

Covers cookies?

Opt-In, unless Implied Consent and no prior objection exist.

NoAndorra Unclear Yes Unclear No


NoAustralia No Yes Yes No


NoAustria No Yes With prior notice and opportunity to object.

Yes, prior opt-in required.

Opt-Out NoBahamas Unclear Yes Unclear No


NoBelgium Unclear Yes With prior notice and opportunity to object.

Yes, prior opt-in required.

YesOpt-Out NoBermuda Unclear NoUnclear

Informed Consent NoArgentina Unclear No Unclear No

Opt-Out NoBarbados Unclear Yes Unclear No

NoBrazil Unclear No

05Baseline Consent Requirements



Opt-In, for specific disclosed purposes and where no prior opt-out exists.

Yes No



Double(confirmed)Opt-In required?




Covers cookies?


NoCanada No Yes Yes, with prior informed consent

No, installable computer programs only.


NoCosta Rica Unclear Unclear No


NoCzech Republic Unclear Yes, but no guidance on implementation.

Bulgaria Yes, prior opt-in required.

With prior notice and opportunity to object.

YesUnclearUnclearInformed Consent

Croatia Yes, opt-in required.

Cyprus Yes, opt-in required.

No No NoChina No

Best practice Yes

Yes

No Unclear UnclearYes

YesColombia Unclear No

NoChile Yes Yes

Yes

Unclear No



Informed Consent


Informed Consent

Informed Consent


UnclearYes



NoDenmark Unclear Yes With prior notice and opportunity to object.

Yes, implied consent.


NoFinland No Yes, implied consent through browser controls.


NoFrance No Yes, prior opt-in required.


Best practiceGermany No Yes No Implementation disputed


Estonia Yes, implied consent.






Covers cookies?


NoEcuador Unclear No

NoFaroe Islands No Yes No

Yes With prior notice and opportunity to object.


No


NoGibraltar Unclear No


Yes





07Baseline Consent RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.


NoGuemsey As Implied Consent Yes With prior notice and opportunity to object.

Yes, prior opt-in or implied consent required.


NoHong Kong Yes Yes With written consent. No


NoHungary Unclear Yes Unclear Yes, implied consent.


NoIsle of Man Unclear Yes With prior notice and opportunity to object.

No

Opt-in for specific disclosed purposes unless Implied Consent and no prior opt-out exist.

NoIsrael As Implied Consent Yes No No


NoOpt-OutIndia Unclear Best Practice Per privacy policy No

UnclearGuatemala UnclearUnclear Unclear Unclear Unclear






Covers cookies?



NoGreece Unclear Yes With prior notice and opportunity to object.

Yes, opt-in required.



NoJapan No NoNoYes

NoJersey Unclear Yes Unclear No

Unclear UnclearLebanon Unclear UnclearUnclearUnclear


UnclearKyrgyz Republic Unclear No

UnclearKazakhstan Unclear No

Latvia Yes, prior opt-in expected.

Lithuania Yes, prior opt-in expected.






Covers cookies?


NoItaly As Implied Consent With prior notice and opportunity to object.

Yes, prior opt-in expected.




Yes Unclear

Yes Unclear

No Unclear Yes Unclear

No Unclear Yes Unclear



Unclear



NoOpt-OutMauritius Unclear Yes Yes No






Covers cookies?


Malta Yes, but no guidance on consent.


NoLuxembourg Unclear Yes Yes, prior opt-in required.


NoMalaysia Unclear

NoMacau UnclearOpt-In, unless Implied Consent and no prior objection exist.

Yes NoWith prior notice and opportunity to object.


Yes NoWith prior notice and opportunity to object.

No UnclearOpt-In, unless Implied Consent and no prior objection exist.


Implied Consent NoMexico Yes Yes Yes, implied consent.With prior notice and opportunity to object wiithin 5 days.


NoMonaco Unclear Yes Yes, informed consent.

With prior notice and opportunity.


NoMontenegro Unclear Yes NoNo







Covers cookies?



NoPortugal As Implied Consent Yes, prior opt-in required.


Best PracticePoland As Implied Consent Not yet implemented.

Yes, unless business relationship and no prior opt-out exists.

NoPhilippines Unclear Unclear Unclear No


NoNetherlands No Yes Yes, prior opt-in required.



NoNew Zealand Yes Yes No


NoNorway Unclear Yes, implied consent through browser controls.


Unclear

Unclear UnclearPakistan Unclear UnclearUnclear Unclear

Opt-In NoPanama Unclear NoYes Unclear

Opt-In NoPeru Unclear NoYes Unclear

Yes


No

12 Baseline Consent Requirements







Covers cookies?



NoRomania As Implied Consent Yes, prior opt-in or implied consent required.

Yes Unclear


NoRussia Unclear NoYes No


NoSerbia As Implied Consent NoYes Unclear


NoSlovak Republic As Implied Consent UnclearYes With prior notice and opportunity to object.


NoSouth Africa Yes NoYes Yes

Opt-Out, unless by IT Service Provider then Opt-In

NoSouth Korea Unclear Yes, with notice and choice.

Yes Yes


NoSpain Unclear Yes, prior opt-in required.

Yes No

Opt-Out NoSingapore Unclear NoYes Yes








Covers cookies?



NoUK - England As Implied Consent Yes, prior opt-in or implied consent required.



NoUK - Ireland No Yes, implied consentYes With prior notice and opportunity to object.


NoSweden Unclear Yes, prior opt-in required.



NoSwitzerland Unclear Yes, prior opt-in required.



NoTaiwan Unclear NoYes Yes


NoUAE - Dubai Unclear NoYes With prior notice and opportunity to object.

Opt-In NoTurkey Unclear NoYes Yes

Unclear UnclearThailand Unclear UnclearUnclear Unclear

Opt-Out NoUnited States As Implied Consent NoYes Yes

Informed Consent NoVenezuela Unclear UnclearYes Unclear









Covers cookies?


15Opt-Out RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Country Opt-out mechanisms required?

Time to process opt-out request?

Mechanism's minimum working period?

Email address deletion required?

Andorra Yes 10 days Unclear Yes, unless permissable purpose to retain

Argentina Yes 5 days Unclear By request

Australia Yes 5 days 30 days As requested

Austria Yes ASAP Unclear Unclear

Bahamas Yes 40 days 40 days No

Barbados Yes Unclear Unclear Unclear

Belgium Yes As reasonable As reasonable Unclear

Bermuda Yes As reasonable As reasonable Unclear

Brazil Yes 7 days As reasonable As requested

Bulgaria Yes As reasonable As reasonable Unclear

Chile Yes As reasonable As reasonable No

China Yes As reasonable 30 days No

Canada Yes Immediate, no longer than 10 business days

60 days No







Croatia Yes As reasonable As reasonable No

Cyprus Yes As reasonable As reasonable No

Czech Republic Yes As reasonable As reasonable No

Denmark Yes As reasonable As reasonable Unclear

Ecuador Yes As reasonable As reasonable As requested

Estonia Yes As reasonable As reasonable No

Faroe Islands Yes As reasonable As reasonable As requested

Finland Yes As reasonable As reasonable As requested

France Yes As reasonable As reasonable As requested

Germany Yes As reasonable As reasonable Yes, with exceptions

Gibraltar Yes 28 days As reasonable No

Greece Yes As reasonable As reasonable No

Costa Rica Yes Immediately As reasonable No

Colombia Yes 30 days 30 days No







Guatemala Unclear Unclear Unclear Unclear

Lebanon Unclear Unclear Unclear Unclear

Guernsey Yes 28 days Reasonable timeframe As requested

Hong Kong Yes 10 business days As reasonable As requested

Hungary Yes Immediately As reasonable As requested

India Yes As reasonable As reasonable No

Isle of Man Yes As reasonable As reasonable As requested

Israel Yes As reasonable As reasonable As requested

Italy Yes As reasonable As reasonable As requested

Jersey Yes As reasonable As reasonable As requested

Latvia Yes As reasonable As reasonable As requested

Kazakhstan Unclear As reasonable As reasonable Yes, with exceptions.

Kyrgyz Republic Unclear As reasonable As reasonable Yes, with exceptions.

Japan Yes Immediately As reasonable As requested







Lithuania Yes As reasonable As reasonable As requested

Luxembourg Yes As reasonable As reasonable As requested

Malta Yes As reasonable As reasonable As requested

Mauritius Yes 28 business days. As reasonable Yes, with exceptions.

Mexico Yes 15 days 20 days No

Monaco Yes As reasonable As reasonable As requested

Montenegro Yes As reasonable As reasonable As requested

Netherlands Yes 30 days 30 days As requested

New Zealand Yes 5 days 30 days No

Norway Yes As reasonable As reasonable Unclear

Panama Yes As reasonable As reasonable No

Pakistan Unclear Unclear Unclear Unclear

Macau Yes As reasonable As reasonable No

Malaysia Yes As reasonable As reasonable No



Peru Yes 2 business days As reasonable No

Philippines Yes As reasonable As reasonable No

Poland Yes As reasonable As reasonable Unclear

Portugal Yes As reasonable As reasonable Unclear

Romania Yes As reasonable As reasonable Unclear

Slovak Republic Yes As reasonable As reasonable Unclear

Serbia Yes As reasonable As reasonable Unclear

Singapore Yes 10 days 30 days No

Spain Yes 10 days 30 days No

Russia Yes As reasonable As reasonable No

South Africa Yes As reasonable As reasonable No

Sweden Yes As reasonable As reasonable No

Switzerland Yes As reasonable As reasonable No

South Korea Yes As reasonable As reasonable No











Taiwan Yes As reasonable As reasonable No

Thailand Unclear As reasonable As reasonable Unclear

Turkey Yes 3 business days As reasonable No

UAE - Dubai Yes As reasonable As reasonable No

UK - England Yes 28 days As reasonable No

UK - Ireland Yes 28 days As reasonable No

United States Yes 10 business days 30 days No

Venezuela Yes As reasonable As reasonable As requested


21Covered Commercial Email Message TypesCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Country Promotional Factual Remarketing Mixed Content Refer-a-Friend Mechanism

Andorra Commercial Non-Commercial Unclear Unclear Unclear

Argentina Unclear Unclear Unclear Unclear Unclear

Bahamas Covered Unclear Covered Unclear Unclear

Barbados Covered Unclear Covered Unclear Unclear

Bermuda Covered Unclear Unclear Unclear Unclear

Brazil Covered Covered Unclear Unclear Unclear

Bulgaria Covered Covered Covered Covered Unclear

Canada Covered Covered Covered Case-by-Case Brand responsible for end-recipient's prior consent, notice and choice.

Australia Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Austria Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Belgium Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.


22Covered Commercial Email Message TypesCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.


Chile Covered Exempt Unclear Unclear Unclear

China Covered Exempt Covered Covered Prohibited

Colombia Covered Unclear Unclear Unclear Unclear

Costa Rica Covered Covered Covered Covered Covered

Croatia Covered Covered Covered Unclear Unclear

Cyprus Covered Covered Covered Covered Unclear

Czech Republic Covered Covered Covered Covered Unclear

Ecuador Covered Covered Covered Covered Unclear

Estonia Covered Covered Covered Covered Unclear

Faroe Islands Covered Covered Covered Covered Unclear

Denmark Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Finland Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

23Covered Commercial Email Message Types




Greece Covered Covered Covered Covered Unclear

Guatemala Unclear Unclear Unclear Unclear Unclear

Hungary Covered Exempt Covered Unclear Unclear

India Covered Unclear Unclear Unclear Unclear

France Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Germany Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Gibraltar Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Guernsey Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Guernsey Covered Covered Covered Unclear Brand responsible for end-recipient's prior consent, notice and choice.

Hong Kong Covered Exempt Covered Unclear Brand responsible for end-recipient's prior consent, notice and choice.





Isle of Man Covered Covered Covered Covered Unclear

Japan Covered Covered Covered Covered Unclear

Jersey Covered Covered Covered Covered Unclear

Latvia Covered Covered Covered Covered Unclear

Lithuania Covered Covered Covered Covered Unclear

Macau Covered Covered Covered Covered Unclear

Malaysia Covered Covered Covered Covered Unclear

Lebanon Unclear Unclear Unclear Unclear Unclear

Kazakhstan Covered Covered Unclear Unclear Unclear

Kyrgyz Republic Covered Covered Unclear Unclear Unclear

Israel Covered Case-by-Case Case-by-Case Case-by-Case Case-by-Case

Italy Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Luxembourg Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.




Mauritius Covered Covered Covered Covered Unclear

Mexico Covered Covered Covered Covered Unclear

Montenegro Covered Covered Covered Unclear Unclear

Panama Covered Exempt Covered Covered Unclear

Pakistan Unclear Unclear Unclear Unclear Unclear

Malta Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Norway Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

New Zealand Covered Exempt Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Monaco Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice. Cannot incentivize.

Netherlands Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice. Cannot incentivize.






Peru Covered Exempt Covered Covered Unclear

Philippines Covered Exempt Covered Covered Unclear

Singapore Covered Exempt Covered Unclear Unclear

South Africa Covered Exempt Covered Covered Unclear

Poland Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Portugal Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Romania Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Russia Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Serbia Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Slovak Republic Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

27 Covered Commercial Email Message Types




South Korea Covered Exempt Covered Unclear Unclear

Spain Covered Covered Covered Covered Prohibited

Taiwan Covered Exempt Covered Covered Unclear

Turkey Covered Unclear Covered Covered Unclear

UAE - Dubai Covered Unclear Unclear Covered Unclear

Thailand Unclear Unclear Unclear Unclear Unclear

Sweden Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

Switzerland Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

UK - England Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.

UK - Ireland Covered Covered Covered Covered Brand responsible for end-recipient's prior consent, notice and choice.





Venezuela Covered Unclear Unclear Unclear Unclear

United States Covered Case-by-Case Covered Case-by-Case Brand responsible for end-recipient's prior consent, notice and choice.

Country


Postal Address?

Link to Preference Center?

1st Party Identity?

3rd Party / "On-Be-half-Of" Identity?

Subject line must include ADV or Similar?

Link to Privacy Policy?

Link to Corporate Website?

Opt-out link or dedicated address?

Additional Consider-ations

29Promotional and Mixed Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Andorra Yes Best practice Yes Yes No Best practice Best practice Yes Unclear

Austria Yes Best practice Yes Yes No Best practice Yes Yes Legal notice

Bahamas At collection Unclear At collection At collection Unclear Unclear Unclear Yes Unclear

Barbados At collection Unclear At collection At collection Unclear Unclear Unclear Yes Unclear

Bermuda Yes Unclear Yes Unclear Unclear Unclear Unclear Yes Unclear

Brazil Yes Best Practice Yes Yes Unclear Best Practice Best Practice Best Practice Unclear

Bulgaria Yes Best Practice Yes Yes Yes, if no prior consent.

Best Practice Yes Yes Unclear

Belgium Yes Best Practice Yes Yes Yes, when promotional nature unclear.

Best Practice Best Practice Yes Unclear

Australia Yes Best practice Yes Yes No Yes Best practice Yes Australia Business Registration Number

Argentina No No No No No No No No No



Country Postal Address?


1st Party Identity?


Subjlect line must include ADV or Similar?





Chile Yes Best Practice Yes Yes No Best Practice Yes Yes Unclear

Costa Rica Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Croatia Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Cyprus Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Czech Republic Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear

Denmark Yes Best Practice Yes Yes Yes, when promotional nature unclear.

Yes Best Practice Yes Unclear

China Yes Best Practice Yes Yes Yes Best Practice Yes Yes Unclear

Colombia At collection Best Practice Yes Yes Unclear Yes Yes Yes Unclear

Canada Yes Best practice Yes Yes No Best Practice Yes Yes Email address or telephone number or URL also required. French language required for Quebec residents.





1st Party Identity?







Ecuador Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Estonia Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear

Estonia Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear

Faroe Islands Yes Best Practice Yes Yes Yes Yes Best Practice Yes Unclear

France Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Guernsey Yes Best Practice Yes Yes No Yes Best Practice Yes UK Business Registration Number

Germany Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Gibraltar Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Greece Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Guatemala Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear

Finland Yes Best Practice Yes Yes Yes, when promotional nature unclear.






1st Party Identity?







Hong Kong Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Hungary Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Israel Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

India Best Practice Best Practice Yes Best Practice No Yes Best Practice Yes Unclear

Isle of Man Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Italy Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Jersey Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Kazakhstan Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Kyrgyz Republic Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Latvia Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Lithuania Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Lebanon Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear

Japan Yes Best Practice Yes Yes Yes Best Practice Yes Yes See MIC ordinance





1st Party Identity?







Luxembourg Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Pakistan Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear Unclear

Macau Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Malaysia Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Malta Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Mauritius Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Mexico Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Monaco Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Montenegro Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Netherlands Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

New Zealand Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Norway Yes Best Practice Yes Yes Yes, when message is unsolicited.


34Promotional and Mixed Content Email Requirements





1st Party Identity?







Poland Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Portugal Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Serbia Yes Best Practice Yes Yes No Yes Best Practice Yes Information should be provided in the Serbian language.

Romania Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Slovak Republic Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

South Africa Yes Best Practice Yes Yes No Best Practice Best Practice Yes Unclear

Russia Best Practice Best Practice Yes Best Practice Best Practice Yes Best Practice Yes Unclear

Singapore Yes Best Practice Yes Yes Yes, if no prior consent.


Panama Yes Best Practice Yes Best Practice Yes Best Practice Best Practice Yes Unclear

Peru Yes Best Practice Yes Best Practice Yes Best Practice Best Practice Yes Unclear

Philippines Yes Best Practice Yes Best Practice Yes Best Practice Best Practice Yes Unclear

35 Promotional and Mixed Content Email Requirements





1st Party Identity?







Spain Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Sweden Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Switzerland Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

Taiwan Yes Best Practice Yes Best Practice No Yes Best Practice Yes Unclear

Turkey Yes Best Practice Yes Yes No Yes Best Practice Yes Unclear

UK - England Yes Best Practice Yes Yes No Yes Best Practice Yes UK Business Registration Number

UAE - Dubai Yes Best Practice Yes Yes Unclear Best Practice Best Practice Yes Unclear

Thailand Best Practice Best Practice Best Practice Best Practice Best Practice Best Practice Best Practice Best Practice Unclear

South Korea Yes Best Practice Yes Yes Yes, if no prior consent.


36Promotional and Mixed Content Email Requirements





1st Party Identity?







UK - Ireland Yes Best Practice Yes Yes No Yes Best Practice Yes IE Business Registration Number

Venezuela Best Practice Best Practice Yes Best Practice Best Practice Best Practice Best Practice Yes Unclear

United States Yes Best Practice Yes Yes Yes, if no prior consent.



37Factual Content Email RequirementsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Country 3rd Party / "On-Bhalf-Of" Identity?

Postal Address?

Preference Center?

1st Party Identity?



Opt-out link? Additional Consider-ations

Yes No Yes Yes Best practice Best practice No UnclearAndorra

No No No No No No No NoArgentina

Yes No Yes Yes Best practice Yes No Legal noticeAustria

At collection Unclear At collection At collection Unclear Unclear Unclear UnclearBahamas

At collection Unclear At collection At collection Unclear Unclear Unclear UnclearBarbados

Yes Best practice Yes Yes Best practice Best practice No UnclearBelgium

Yes Best practice Yes Yes Best practice Best practice No UnclearBrazil

Yes Best practice Yes Yes Best practice Best practice No UnclearBulgaria

Unclear Unclear Unclear Unclear Unclear Unclear Unclear UnclearBermuda

Yes No Yes Yes Yes Best practice No Australia Business Registration Number

Australia

38Factual Content Email Requirements




Preference Center?

1st Party Identity?




3rd Party / "On-Bhalf-Of" Identity?

Yes Best practice Yes Yes Best practice Yes No UnclearChile

Yes Best practice Yes Yes Best practice Best practice No UnclearChina

Yes Best practice Yes Yes Best practice Best practice No UnclearCosta Rica

Yes Best practice Yes Yes Best practice Best practice No UnclearCroatia

Yes Best practice Yes Yes Best practice Best practice No UnclearCyprus

Yes Best practice Yes Yes Best practice Best practice No UnclearCzech Republic

Yes Best practice Yes Yes Best practice Best practice No UnclearDenmark

Yes Best practice Yes Yes Best practice Best practice Unclear UnclearEcuador

Yes Best practice Yes Yes Best practice Best practice No UnclearEstonia

Yes Best practice Yes Yes Yes Yes No UnclearColombia

Yes Best practice Yes Yes Best practice Best practice No Email address or telephone number or URL also required. French language required for Quebec residents.

Canada

39Factual Content Email Requirements




Preference Center?

1st Party Identity?





Yes Best practice Yes Yes Best practice Best practice No UnclearFaroe Islands

Yes Best practice Yes Yes Best practice Best practice No UnclearFinland

Yes Best practice Yes Yes Best practice Best practice No UnclearFrance

Yes Best practice Yes Yes Best practice Best practice No UnclearGermany

Yes Best practice Yes Yes Best practice Best practice No UnclearGibraltar

Yes Best practice Yes Yes Best practice Best practice No UnclearGreece

Yes No Yes Yes Best practice Best practice No UnclearIsle of Man

Yes No Yes Yes Best practice Best practice No UnclearIsrael

Yes Best practice Yes Yes Best practice Best practice No UnclearHong Kong

Best practice Yes Yes Yes Best practice Best practice No UnclearHungary

Best practice Best Practice Yes Best Practice No Best practice No UnclearIndia

Unclear Best practice Unclear Unclear Unclear Unclear Unclear UnclearGuatemala

Yes No Yes Yes Best practice Best practice No UK Business Registration Number

Guernsey




Preference Center?

1st Party Identity?





Yes No Yes Yes Best practice Best practice No UnclearJersey

Yes No Yes Yes Best practice Best practice No UnclearKazakhstan

Yes No Yes Yes Best practice Best practice No UnclearKyrgyz Republic

Yes Best practice Yes Yes Best practice Best practice No UnclearLatvia

Yes Best practice Yes Yes Best practice Best practice No UnclearLithuania

Yes Best practice Yes Yes Best practice Best practice No UnclearLuxembourg

Yes Best practice Yes Yes Best practice Best practice No UnclearMacau

Yes Best practice Yes Yes Best practice Best practice No UnclearMalaysia

Yes Best practice Yes Yes Best practice Best practice No UnclearMalta

Yes Best practice Yes Yes Best practice Best practice No UnclearMexico

Yes Best practice Yes Yes Best practice Best practice No UnclearMonaco

Unclear Unclear Unclear Unclear Unclear Unclear Unclear UnclearLebanon

Yes Best Practice Yes Yes Best practice Best practice No UnclearItaly

Yes Best Practice Yes Yes Best practice Yes No See MIC ordinance

Japan



Country 3rd Party / "On-Bhalf-Of" Identity?

Postal Address?

Preference Center?

1st Party Identity?




Yes Best practice Yes Yes Best practice Best practice No UnclearMontenegro

Yes Best practice Yes Yes Best practice Best practice No UnclearNetherlands

Yes Best practice Yes Yes Best practice Best practice No UnclearNorway

Yes Best practice Yes Best practice Best practice Best practice No UnclearPanama

Yes Best practice Yes Best practice Best practice Best practice No UnclearPeru

Yes Best practice Yes Best practice Best practice Best practice No UnclearPhilippines

Yes Best practice Yes Best practice Best practice Best practice No UnclearPoland

Yes Best practice Yes Best practice Best practice Best practice No UnclearPortugal

Yes Best practice Yes Best practice Best practice Best practice No UnclearRomania

Best practice Best practice Yes Best practice Best practice Best practice No UnclearRussia

Unclear Unclear Unclear Unclear Unclear Unclear Unclear UnclearPakistan

Best practice Best practice Yes Yes Best practice Best practice No UnclearNew Zealand




Preference Center?

1st Party Identity?





Yes Best practice Yes Best practice Best practice Best practice No UnclearSpain

Yes Best practice Yes Best practice Best practice Best practice No UnclearSweden

Yes Best practice Yes Best practice Best practice Best practice No UnclearSwitzerland

Yes No Yes Best practice Best practice Best practice No UnclearTaiwan

Best practice Best practice Best practice Best practice Best practice Best practice Best practice UnclearThailand

Yes Best practice Yes Best practice Best practice Best practice No Information should be provided in the Serbian language.

Serbia

Yes Best practice Yes Best practice Best practice Best practice No UnclearSlovak Republic

Best practice Best practice Yes Yes Best practice Best practice No UnclearSouth Africa

Best practice No Yes Yes Best practice Best practice No UnclearSingapore

Best practice No Yes Yes Best practice Best practice No UnclearSouth Korea

Yes No Yes Yes Best practice Best practice Unclear UnclearUAE - Dubai

Best Practice No Yes Yes Best practice Best practice No UnclearUnited States

Best Practice Best Practice Yes Best Practice Best practice Best practice Yes UnclearVenezuela

Yes No Yes Yes Best practice Best practice No UK Business Registration Number

UK - England

Yes No Yes Yes Best practice Best practice No IE Business Registration Number

UK - Ireland

Yes No Yes Yes Best practice Best practice No Telephone number. fax number. email or SMS contact; T&Cs also required.

Turkey




Preference Center?

1st Party Identity?





44Laws and Regulations Covering Commercial Electronic Messaging



Country Legislation Regulator National registry

Qualified Act 15/2003, of 18 December, of personal data protection

Andorran DPA Guide to Spam NoAndorra

Personal Data Protection Law No. 25.326 Unclear Data controller/processor registryArgentina

Australia Spam Act The Australia Communications and Media Authority NoAustralia

CASL - Canada's Anti-Spam Legislation Government of Canada NoCanada

Act to Protect Consumer Rights SERNAC NoChile

Data Protection (Privacy of Personal Information) Act, 2003

DPC Guide for Data Controllers NoBahamas

Section 107 para. 2, 3, and 5 of the Telecommunications Act 2003 (TKG 2003)

--z Opt-Out RegistryAustria

Electronic Transactions Actt -- --Barbados

Belgium e-Commerce Act of 2003 www.privacycommission.be/ Data controller/processor registryBelgium

Integrated Electronic Communications Regulations Government of Bermuda, Department of Ecommerce Data controller/processor registryBermuda

(DRAFT) Law - Protection of Personal Data Brazilian Government Data controller/processor registryBrazil

Regulations On Internet Email Services (2006) http://www.gov.cn/english/2005-10/02/content_74175.htm

Data controller/processor registryChina

The Law on Electronic Commerce Personal Data Protection Commission Data controller/processor registryBulgaria





Right of Habeas Data http://www.sic.gov.co/ NoColombia

Law No. 8968 on the Protection of the Person concerning the Treatment of Personal Data

http://www.poder-judicial.go.cr/ YesCosta Rica

Personal Data Protection Law http://www.poder-judicial.go.cr/ Data controller/processor registryCroatia

Electronic Communications and Postal Services Law http://dataprotection.gov.cy Data controller/processor registryCyprus

Act No. 480/2004 Col. on Some Services of Information Agencies

https://www.uoou.cz Data controller/processor registryCzech Republic

Marketing Practices Consolidation Act http://www.datatilsynet.dk/english/ Data controller/processor registryDenmark

Electronic Commerce, Electronic Signature and Data Message Law (Law 2002-67)

http://www.oas.org/ Data controller/processor registryEcuador

Electronic Communications Act http://www.aki.ee/en/inspectorate Data controller/processor registryEstonia

Act on Processing Personal Data http://www.datueftirlitid.fo/default.asp?sida=2878 Data controller/processor registryFaroe Islands

Information Society Code http://www.tietosuoja.fi/ Data controller/processor registryFinland

Article L.34-5 Code of Postal and Electronic Communications

http://www.cnil.fr Data controller/processor registryFrance

Federal Data Protection Act http://www.bfdi.bund.de/EN/Home/homepage_node. Opt-out registryGermany

Data Protection Act, 2004 http://www.gra.gi/index.php?site=dataprotection NoGibraltar


46Laws and Regulations Covering Commercial Electronic MessagingCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.


Law on the Protection of Privacy in Electronic Communications

http://www.dpa.gr/portal/page?_pageid=33,40911&_dad=portal&_schema=PORTAL

Data controller/processor registryGreece

Article 24 of the Constitution of the Republic of Guatemala

http://www.congreso.gob.gt/index.php --Guatemala

Privacy and Electronic Communications Regulations http://www.ico.gov.uk/ NoGuernsey

Unsolicited Electronic Messages Ordinance http://www.pcpd.org.hk/ NoHong Kong

Advertitising Act http://www.naih.hu/general-information.html Data controller/processor registryHungary

Information Technology Act, 2000 http://deity.gov.in/ NoIndia

Unsolicited Communications Regulations 2005 http://www.gov.im/odps/ Opt-out registryIsle of Man

Amendment 40 to the Communications Law. http://www.moc.gov.il/142-en/MOC.aspx Data controller/processor registryIsrael

NoJapan

Data controller/processor registryItaly Data Protection Code 2003Data Protection Act of 1998Personal Data Protection Code: Legislative Decree no. 196/2003

http://www.garanteprivacy.it/garante/navig/jsp/index.jsp

Act of regulation of Transmission of Specified Electronic Mail

http://www.soumu.go.jp/english/


47Laws and Regulations Covering Commercial Electronic MessagingCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Country Legislation Regulator National registryCountry Legislation Regulator National registry

Data controller/processor registryJersey Data Protection (Jersey) Law 2005 http://www.dataprotection.gov.je/

NoKazakhstan Data Protection Law Pending

NoKyrgyz Republic The Law of the Kyrgyz Republic on Personal Data Pending

Data controller/processor registryLatvia Personal Data Protection Law http://www.dvi.gov.lv/lv/

--Lebanon Pending http://www.economy.gov.lb/index.php/home/2

Data controller/processor registryLithuania Law on Electronic Communications http://www.ada.lt/

Data controller/processor registryLuxembourg Law of 30 May 2005 http://www.cnpd.public.lu/fr/legislation/droit-lux/index.html

Data controller/processor registryMacau Macau personal data protection Law no. 8/2005 http://gpdp.gov.mo

Data controller/processor registryMalaysia Communications and Multimedia Act 1998 http://www.skmm.gov.my/index.php

Data controller/processor registryMalta Data Protection Act (CAP 440) http://www.dataprotection.gov.mt

Data controller/processor registryMauritius Data Protection Act 2004 http://dataprotection.govmu.org/English/Pages/default.aspx

NoMexico

Data controller/processor registryMonaco Data Protection Law http://www.ccin.mc/

Data controller/processor registryMontenegro Law on Electronic Commerce http://azlp.me/index.php/me/

The Federal Law on the Protection of Personal Data held by Private Parties

http://inicio.ifai.org.mx/SitePages/English_Section.aspx




Data controller/processor registryNetherlands Dutch Telecommunications Act http://www.dutchdpa.nl/

NoNew Zealand Unsolicited Electronic Messages Act 2007 http://www.dia.govt.nz/DIAwebsite.nsf

Opt-out registryNorway The Marketing Control Act http://www.forbrukerombudet.no/id/490.0"

--Pakistan -- --

NoPhilippines Cybercrime Prevention Act http://www.dti.gov.ph/dti/index.php

Data controller/processor registryPoland Personal Data Protection Act http://www.giodo.gov.pl/168/j/en/

Opt-Out RegistryPortugal Law no. 46/2012, of 29 August http://www.cnpd.pt/english/index_en.htm

Data controller/processor registryRomania

Data controller/processor registryRussia Russian Law on Advertising, Statute 18 http://minsvyaz.ru/ru/

Data controller/processor registrySerbia Law on Advertising http://www.poverenik.rs/

--Singapore Singapore SPAM Control Act of 2007 http://www.spamcontrol.org.sg/

Data controller/processor registrySlovak Republic Electronic Communications Act --

Data controller/processor registry (voluntary)Panama Law 51 (amended by Law 82) http://www.mici.gob.pa/

NoPeru Anti Spam Law' No. 28493 http://aplicaciones.indecopi.gob.pe/antispam/reglamento-antispam.html

Law no. 506/2004 http://www.dataprotection.ro/index.jsp?page=home&lang=en






NoTaiwan Personal Data Protection Act DRAFT Anti-Spam Act of 2012

--Thailand DRAFT Personal Information Protection Act --

NoTurkey Law on Regulation of Electronic Trade --

Data controller registry (if sensitive data or transferring data abroad)

UAE - Dubai Data Protection Law Amendment Law http://www.difc.ae/data-protection

Data controller/processor registrySouth Africa Protection of Personal Information Act http://www.popi-compliance.co.za/

Data controller registry (public institutions only)South Korea http://www.kisa.or.kr/eng/main.jsp

Data controller registrySpain

Sweden Personal Data Act

Personal Information Protection Act

Spanish Act on the Information Society Services and e-Commerce

https://www.agpd.es/portalwebAGPD/index-ides-idphp.php

Data controller registry (if no designated Privacy Officer)

http://www.datainspektionen.se/

Switzerland Swiss Federal Act against Unfair Competition Data controller registry (for private persons)http://www.edoeb.admin.ch/?lang=en

NoUK - England Privacy and Electronic Communications Regulations https://ico.org.uk/

NoUK - Ireland ePrivacy Directive http://www.dataprotection.ie/docs/Home/4.htm

NoUnited States US CAN-SPAM Act Federal Trade Commission

NoValenzuela Article 28 of the Constitution --


Affirmative consent, also known as “opt-in”, is any explicit action taken by a consumer in acceptance of a clear and specific call-to-action to receive promotional messages. In practice, for affirmative consent to be valid the sender must request consent prior to adding the recipient to any recurring marketing programs.

It is common for consumers to be asked to check a box, fill out an email collection form, or click an ‘Agree’ button to unambiguous marketing terms to give consent. The recipient may then receive a notification informing them they will now receive messages, or with a clear call-to-action to confirm their initial consent.

Please see the Messaging, Malware and Mobile Anti-Abuse Working Group’s (MAAWG) Sender Best Common Practices for in-depth guidance.

Best Practice

Best business and privacy practices, per established codes of practice or based on common sense, which may go above and beyond what is allowed by law to ensure an optimal consumer experience. Best practice within this document means “recommended practice”.

Commercial Electronic Message (CEM)

A commercial electronic message is an electronic message that has as its primary purpose, or one of its purposes, to encourage participation in a commercial activity through offers, advertisements, promotions or any other solicitations, or that

contains a request for consent to send further commercial messages.

It is important to note that in some jurisdictions, notably within the UK and EU member states, messages that do not encourage commercial activity but merely facilitate a business relationship are still considered CEMs. Such messages are generally exempted from prior consent and opt-out compliance requirements but may still be subject to sender identification and related transparency obligations.

Consent Record-Keeping

Marketers must keep a record of permission level given (implied or express consent) and date of consent given. Through record-keeping can include the IP address, date and time of opt-in captured as well as the URL of the page submitted. Any information captured when providing consent should be solid enough to be proved in court as verifiably obtaining consent.

Double / Confirmed Opt-In Consent

Double opt-in is a strong permissioning process where an email recipient takes an explicit action to confirm their interest to receive marketing messages from a sender. Once the recipient confirms the subscription they can be included in future messaging and are considered double opted-in.

The benefit of double opt-in is that ownership of the opted-in address is verified thereby reducing the occurrence of spoofed or invalid subscriptions.

Definitions

50DefinitionsCopyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

Definitions


Factual (Transactional) Message

A commercial electronic message that serves an informational, transactional, legally mandated or an otherwise administrative purpose and does not encourage new commercial activity. This category includes purchase receipts, monthly statements, customer experience feedback requests and data breach notifications. These messages are commonly exempted from prior consent and opt-out requirements, but may be subject to sender identification and related transparency obligations.

First Party

A first party is an organization with either an existing and direct business relationship with or unambiguous consent from the email recipient such that the recipient reasonably expects to receive marketing communications from the organization. First parties may reserve the right to share customer email addresses with unaffiliated business partners for their own marketing purposes.

Implied Consent

Implied consent is generally considered to exist during the course of a business relationship where the recipient has volunteered their email address and reasonably expects to receive commercial electronic messages. Expectations are typically managed through clear and unambiguous statements in the sender’s privacy policy but may include more up-front disclosures where the email address is collected.

Indirect (Third-Party) Consent

Indirect consent is the practice of first-parties granting themselves the right to share customer email addresses with unaffiliated third-parties without the recipient’s prior affirmative or informed consent. By relying on statements in the first-party’s privacy policy that email addresses may be shared with ‘trusted partners’ for their own marketing purposes, the third-party is said to have indirect consent to engage. As with opt-out consent practices, recipients commonly perceive this practice as resulting in unsolicited commercial email, a.k.a ‘spam’

In contrast, a co-registration agreement where the third-party’s brand is referenced with an unchecked box on a partner website reduces the risk of sending ‘spam’. A site visitor would know they are subscribing to emails from a specific brand, would be able to give their unambiguous consent, and the resulting email would not be viewed as unsolicited.

Informed Consent

Informed Consent is in the middle ground between Affirmative and Implied Consent where marketing is presented as part of the service or product being offered. Commonly, and particularly in the UK and other EU member states, informed consent takes the form of an up-front, clear and unambiguous disclosure of marketing intent and the ability to opt-out at any time. By accepting the terms of service and proceeding, the recipient is said to give their informed consent.

Mixed Content

A commercial electronic message (CEM) that combines

Definitions


promotional and informational elements. Within the US, the Federal Trade Commission provides senders with a Primary Purpose Test to reasonably determine whether the message is primarily promotional or factual. It is important to note that this test is unique to the US. Outside of the US, any message that has as one of its purposes to encourage new commercial activity is generally treated as a promotional message.

Opt-Out Consent

Opt-out consent is the practice of first-parties assuming broad rights to use the recipient’s email address for marketing purposes until such time that they object using an unsubscribe mechanism. Rights may also include the ability to share email addresses with unaffiliated third-parties for their own marketing purposes without the recipient’s prior affirmative or informed consent. Recipients commonly perceive this practice as resulting in unsolicited commercial messages, a.k.a ‘spam’.

Opt-Out Mechanism

A link or mechanism in an email message that allows the recipient to request cessation of communications from the sender or senders.

Pre-Checked Boxes

Pre-checked boxes are choice mechanisms that are checked by default. They are commonly used to assume consent on the part of the recipient but are accompanied by adjacent disclosures of marketing intent. If the recipient does not make the effort to

uncheck the box when the email address is collected, depending on the robustness of the disclosures they may be said to have given their informed or implied, but not affirmative consent.

This practice is regulated in some jurisdictions, notably Canada and Germany.

Promotional Message

A commercial electronic message (CEM) that has as its primary purpose to encourage participation in a commercial activity through offers, advertisements, incentives or any other solicitations.

Refer-a-Friend (RAF) Mechanism

A Refer-a-Friend mechanism is an online form that allows existing customers to refer the brand’s products or services to potential new customers. Since the brand does not yet have a direct business relationship with the end-recipients, they are generally precluded from adding the end-recipient’s email address to their marketing lists. A common best practice is for the RAF message to be a one-time, personalized message ‘from’ the customer to their friend, and containing a call-to-action for the friend to opt-in to the brand’s marketing program.

Remarketing (abandoned cart) Message

A commercial electronic message (CEM) that encourages a new commercial activity closely related to a prior activity, or the conclusion of a previously incompleted commercial activity. Shopping cart abandonment reminders are a common example of

Glossary


In practice, contracts between senders and email service providers, and email service providers and receivers, are what control UCE.

remarketing messages that despite regarding a transaction are no different from any other promotional message.

Third Party

A third party is an organization that may not have a direct pre-existing business relationship with the end-recipient, instead relying on sharing disclosures within a first party’s privacy policy to engage potential future customers. It is a best practice for first parties to promote third party offers within their own marketing messages through joint marketing and co-registration partnerships. A growing number of privacy laws around the world, as well as industry codes of practice, place a higher burden on third parties relying on indirect and opt-out forms of consent to directly engage a first party’s customers.

Unsolicited Commercial Email (UCE)

Unsolicited Commercial Electronic Message is commonly defined as any commercial message that is sent to a recipient without that recipient’s prior affirmative, informed or implied consent. International privacy and data protection laws regulate UCE with various limitations, in most cases requiring some form of prior consent.

Recent guidance issued by international privacy commissioners (e.g., Canada, Australia, U.K.) has set out exactly how their respective privacy laws may apply to electronic marketing. The common theme expressed by privacy commissioners is that consent for marketing should be knowingly given in a manner that is clear, specific, and overt.

54Thank You!Copyright © 2016, All Rights Reserved, DMA Email Experience Council limited distribution to clientele is permitted.

A special thanks to DMA’s Email Experience Council (eec)

and its Advocacy Subcommittee for creating this guidance:

Nancy Harris, CIPP, Director of Deliverability, SalesfusionChris Kolbenschlag, Director of Deliverability, BrontoJames Koons, CIPP, Chief Privacy Officer, dotmailer

Alex Krylov, CIPP, Privacy & Compliance Leader, Experian Marketing SuiteUdeme Ukutt, Director, Deliverability & Industry Relations, Mailjet

And a special thank you to Simple Media for providing graphics and design.

For questions about membership or distribution, please contact us:

email: [email protected]

mailbox: 1615 L St, NW Suite 1100 Washington, DC 20036

website: https://emailexperience.org

If you have suggestions for changes, additions or enhancements to this guide, pleasesend your comments to [email protected]. This guide will be refreshed

periodically. Please check back for additional updates.


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