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What every marketer needs to know to stay compliant in 2025

Email marketing is governed by privacy regulations that vary by region — but impact your entire list.
Whether you're sending to users in the US, EU, Canada, or California, understanding the core requirements of these laws helps you stay compliant, build trust, and protect deliverability.

Here’s a plain-language breakdown of the most important email privacy laws you need to know.

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1. GDPR (General Data Protection Regulation) – European Union

Applies to: Any organization sending emails to users in the EU or processing EU residents’ data.

Key requirements:

• Explicit, informed consent required before sending emails
• Must store consent records with time, source, and method
• Provide access to user data and allow deletion on request
• Must name a Data Protection Officer (DPO) in some cases

Email-specific musts:

• Double opt-in recommended
• Clear unsubscribe link
• Transparent privacy policy accessible from emails

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2. CAN-SPAM – United States

Applies to: All commercial emails sent to US-based recipients.

Key requirements:

• You can email someone without prior consent, but only under strict conditions
• Must clearly identify the email as an ad or commercial message
• Must include a valid physical postal address
• Must include a working unsubscribe link that functions for 30+ days
• Must process opt-out requests within 10 business days

Best practice: Use consent and permission-based models even though not legally required — for brand trust and inbox placement.

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3. CASL (Canada’s Anti-Spam Legislation)

Applies to: All emails sent to Canadian residents.

Key requirements:

• Express or implied consent required
• Clear identification of sender
• Include a working unsubscribe mechanism
• Must maintain consent records for up to 3 years

High risk of fines: CASL is one of the most strictly enforced anti-spam laws globally.

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4. CPRA / CCPA (California Privacy Rights Act)

Applies to: Businesses targeting California residents that meet certain thresholds (revenue, data volume, etc.)

Email relevance:

• Users must be able to request data access or deletion
• If emails are tied to personally identifiable data (e.g., behavior tracking), you're required to disclose it
• Must allow users to opt out of data sale and profiling

Best practice: Treat CCPA/CPRA as a baseline for all US compliance going forward.

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How to Stay Compliant Across the Board

Use a privacy-first design system:

• Ask for consent clearly, early, and with no ambiguity
• Store consent metadata for every subscriber
• Provide a well-labeled, frictionless unsubscribe link
• Use plain language in privacy disclosures
• Avoid hiding email origin, sender identity, or intent

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Tools That Help You Stay Compliant

• OneTrust, Termly – consent and policy generators
• Klaviyo, Mailchimp, ConvertKit – built-in double opt-in and suppression rules
• HubSpot, ActiveCampaign – contact history and consent tracking

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Final Word

If you're marketing globally, you’re responsible for meeting the highest standards among your audience.
Good compliance isn’t just legal hygiene — it’s a competitive edge that boosts deliverability, trust, and long-term loyalty.