Privacy & Compliance in a Post-Cookie World

Data privacy is no longer just a legal obligation — it's a core part of your brand experience. In 2025, inbox providers, governments, and users are aligned on one message: misuse trust, lose access.

The most effective email marketers now lead with transparency, control, and minimal data friction.

Understand the Legal Landscape

Depending on your market, your emails must comply with one or more of the following:

  • GDPR (EU): Requires clear consent, data access rights, and proof of processing logic
  • CAN-SPAM (US): Allows commercial email but mandates clear opt-out and sender info
  • CASL (Canada): Requires express or implied consent and specific identification
  • CPRA/CCPA (California): Includes email if tied to personal identifiers

Most marketers need to default to the highest standard to remain safe globally.

Key Compliance Practices

1. Use Double Opt-In

This reduces spam complaints and gives you clear consent records.
Bonus: improves deliverability and list quality.

2. Always Include an Unsubscribe Link

Make it easy, immediate, and accessible — hiding it increases your risk of being flagged.

3. Include Clear Sender Info

Identify your brand in the header and footer, with a real contact address.

4. Offer a Preference Center

Let users:

  • Choose how often they hear from you
  • Select content types or topics
  • Pause, not just unsubscribe

5. Don’t Buy or Scrape Email Lists

Not only illegal in many regions, it destroys your sender reputation. Build your list organically, even if it’s slower.

Build Trust Through Transparency

Compliance shouldn't feel like a checkbox — it should be a competitive advantage.
Brands that win in 2025:

  • Explain why they're collecting data
  • Let users opt-in to value, not just content
  • Make privacy part of onboarding, not just buried in the footer

Dive deeper: Email Privacy Laws Explained — GDPR, CAN-SPAM, and More

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