GDPR vs. CAN-SPAM: What Every Business Owner Needs to Know About Email Marketing Laws, Simplified

If you’re using Email Newsletters to reach your customers, it’s important to understand the laws that govern email marketing. Two of the biggest ones are:

• GDPR – a law from the European Union (EU)
• CAN-SPAM – a law from the United States

They both deal with how you collect and use email addresses, but they have different rules and reach.

Here’s a quick and simple guide to help you stay compliant.

What is GDPR? (General Data Protection Regulation)

GDPR is a privacy law from the European Union that protects people’s personal data—including their email addresses.

Key Rules:

• Consent is required: You must get clear, explicit permission before adding someone to your email list.
  • Example: A pre-checked box is not allowed. The person must actively choose to sign up.
• Proof of consent: You should be able to prove when and how someone gave you permission.
• Easy opt-out: People must be able to unsubscribe at any time, and you must honor that right.
• Right to be forgotten: If someone asks you to delete their data, you must do so.
• Include a Privacy Policy link by your Newsletter Signup Form: Privacy laws such as the GDPR (Europe), CCPA/CPRA (California), and the FTC Act (US) mandate transparency about data collection and use.

Applies if:

• You send emails to anyone in the EU, even if your business is based outside of Europe.

For a more in depth look into the GDPR specific guidelines, you can visit https://gdpr.eu/what-is-gdpr/.

What is the CAN-SPAM Act?

CAN-SPAM is a U.S. law that governs commercial emails (any email that promotes a product or service).

Key Rules:

• No misleading subject lines or headers: Be honest about who you are and what the email is about.
• Include your business address: Every email must have your physical mailing address.
• Unsubscribe option: You must provide a clear way to opt out, and stop emailing them within 10 business days if they unsubscribe.
• Include a Privacy Policy link by your Newsletter Signup Form: Privacy laws such as the GDPR (Europe), CCPA/CPRA (California), and the FTC Act (US) mandate transparency about data collection and use.
• No need for prior consent: Unlike GDPR, you don’t need permission before sending marketing emails in the U.S.—but you must follow the rules above.

Applies if:

• You’re sending marketing emails to people in the United States.

For a more in depth look into the CAN-SPAN Act you can visit https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business.

What’s the Difference Between GDPR and CAN-SPAM?

Tips to Stay Compliant With Both Laws

• Use a double opt-in process
  This means someone signs up and then confirms via email. It helps prove consent (for GDPR) and builds trust.
• Always include an unsubscribe link
  Make it easy to leave your list—and don’t email them again if they unsubscribe.
• Keep records
  Track when and how users gave you permission to email them.
• Be honest and transparent
  Tell people what kind of emails they’ll get and how often. Keep your promises.
• Review your email marketing platform
  Most tools like Mailchimp, ConvertKit, or HubSpot offer built-in compliance features—use them.
• Add a Privacy Policy
  A link to your privacy policy should be added on or near your Newsletter Signup Form

Bottom Line

If you’re sending email newsletters:

• Follow GDPR when emailing people in the EU: Get clear consent.
• Follow CAN-SPAM when emailing people in the U.S.: Be honest and give an easy way to unsubscribe.
• A privacy policy is required when taking any personal information in Europe and parts of the US.

Complying with these laws isn’t just about avoiding fines—it’s also about building trust with your audience, which leads to better engagement and long-term business growth.

Need help making sure you’re compliant? Give us a call at 813-818-0682, or email us at steph@offthepagecreations.com.