Module 10: Legal & Ethical Considerations
Introduction
In email marketing, it’s not just about sending good-looking emails with catchy headlines. You also have to follow laws and respect your subscribers’ privacy. This module covers the legal rules you must follow (like GDPR, CAN-SPAM, and CASL), why permission-based marketing is important, and how to build your email list in an honest and ethical way.
When you follow these rules and treat your subscribers with respect, you build trust—and trust turns subscribers into loyal customers.
Topics Covered in This Module :
• GDPR, CAN-SPAM, CASL Compliance
• Permission-based Marketing
• Ethical List Building
GDPR, CAN-SPAM, CASL Compliance
These are laws and regulations that protect people from spam and misuse of their personal data:
GDPR (General Data Protection Regulation)
• Applies to : Anyone who collects data from people in the European Union.
• Main rule : You must clearly tell people how their data will be used, and they must give explicit consent before receiving your emails.
• Also required : You must allow them to easily unsubscribe or request their data be deleted.
People are more likely to open and act on emails that are relevant to what they’ve shown interest in.
Example:
If someone in France signs up for your bakery newsletter, your form should say, “By signing up, you agree to receive our weekly recipes and offers. You can unsubscribe anytime.” That’s GDPR compliance.
CAN-SPAM (U.S. Law)
• Applies to : All commercial email sent to people in the U.S.
• Main rule : You must not mislead anyone with false subject lines or sender information.
• Also required : Include your physical address and a way to unsubscribe in every email.
Example:
If your bakery sends an email saying “Your Order Is Ready!” but it’s just an ad for muffins, that would break the CAN-SPAM law. You must be honest and transparent.
CASL (Canada’s Anti-Spam Law)
• Applies to : Emails sent to people in Canada.
• Main rule : You need express consent to send commercial emails. No pre-checked boxes allowed!
• Also required : You must identify yourself, give a contact method, and make it easy to unsubscribe.
Example:
If your bakery sends an email saying “Your Order Is Ready!” but it’s just an ad for muffins, that would break the CAN-SPAM law. You must be honest and transparent.
Permission-Based Marketing
Permission-based marketing means you only email people who have clearly said, “Yes, I want to hear from you.”
Why it matters :
• Builds trust and loyalty
• Keeps you out of legal trouble
• Results in higher open and click rates
Best practices :
• Use clear language on sign-up forms (e.g., “Subscribe • for weekly bakery deals and recipes!”)
• Avoid adding people to your list without their permission—even if you have their email
• Send a confirmation email to verify consent (double opt-in)
Example:
Let’s say someone fills out a form at your bakery counter. You send them a quick email:
“Thanks for signing up! Click here to confirm you’d like to receive our weekly pastry specials.”
This is permission-based marketing done right.
Ethical List Building
Ethical list building is all about growing your email list the right way—by being honest and respectful.
Do :
• Offer a valuable reason to subscribe (e.g., discounts, tips, free recipes)
• Collect emails through opt-in forms, events, or in-person sign-ups
• Be clear about what people are signing up for
Don’t :
• Buy or rent email lists (this is illegal in many places and will get your emails marked as spam)
• Add people without their permission
• Hide your identity or make it hard to unsubscribe
Example:
You set up a sign-up sheet at your bakery counter that says:
“Sign up for our newsletter and get 10% off your next pastry!”
That’s ethical. But if you add your cousin’s entire wedding guest list to your email software without asking—definitely not ethical.
Summary Before Real-Life Example
• Follow the law (GDPR, CAN-SPAM, CASL) based on where your customers live
• Get permission before adding someone to your list
• Be honest and clear in your messaging
• Never buy email lists or send emails without consent
• Make it easy to unsubscribe and provide contact info in every email
Real-Life Example: Your Bakery Scenario
Dynamic content means your email shows different content to different people—in the same email campaign. The content changes based on the subscriber’s preferences, behaviour, or profile.
Why it works :
Imagine you run a small bakery. You’ve placed a tablet at your counter where customers can type in their email to “Get weekly recipes & exclusive pastry deals.” You also have a sign-up form on your website with a clear message: “Subscribe for sweet deals and baking secrets every Friday!”
Example:
• An email that greets subscribers by name and offers a discount based on their favourite pastry.
• You create one newsletter, but regular customers see loyalty offers, and new customers see first-time buyer discounts.
You use double opt-in, so every person gets a confirmation email before they start receiving anything.
Each of your emails includes:
• Your bakery’s address
• A clear subject line like: “This Week’s Special: Raspberry Croissants!”
• An unsubscribe link at the bottom
One day, a customer named Lisa visits your shop again and says, “I loved the recipe you sent last week. I baked it for my family, and they asked for more!”
By staying legal, ethical, and respectful, you not only avoid fines—you build real connections with your customers.
