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CAN-SPAM vs GDPR: key differences every email marketer must know

gdpr_guruCompliance Specialist

Many email marketers conflate CAN-SPAM and GDPR. They are fundamentally different in approach and requirements.

Consent model

  • CAN-SPAM: Opt-out model — you can email anyone until they unsubscribe
  • GDPR: Opt-in model — you need explicit consent before sending

Geographic scope

  • CAN-SPAM: Applies to commercial email sent to US recipients
  • GDPR: Applies to data of EU residents, regardless of where you are based

Penalties

  • CAN-SPAM: Up to $51,744 per violation
  • GDPR: Up to 4% of annual global revenue or 20M euros

Practical advice

If you have any EU subscribers, comply with GDPR (the stricter standard). This automatically covers CAN-SPAM requirements. Use double opt-in, maintain consent records, and honor unsubscribe requests immediately.

#can-spam#gdpr#compliance
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3 Comments

emailpro_sarahCommunity Admin

Simple rule: comply with GDPR and you automatically comply with CAN-SPAM. GDPR is the stricter standard.

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b2b_brian

What about CASL (Canada)? That is even stricter than GDPR in some respects — implied consent expires after 2 years.

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gdpr_guruCompliance Specialist

Also worth noting: CASL (Canadian Anti-Spam Legislation) is even stricter than GDPR for implied consent. If you have Canadian subscribers, research CASL requirements.

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