UnsubCentral prides itself on being the foundation of email compliance for our clients. We offer an effortless way to manage all their outbound marketing efforts so that they can remain compliant with consumer protection acts and data privacy laws. Our team works hard to stay current on these regulations, offering our customers a dependable source of reassurance. Our platform provides services like data list suppression management, email filtering, and data centralization, and we are also a key source of information for the community. You can rely on us to keep you up-to-date with all corresponding updates in current privacy laws or new privacy policies that could have an effect on your business. From CAN-SPAM to DSAR (and everything in between), our experts will ensure that your business remains compliant with all relevant privacy regulations. To make staying compliant with international data privacy laws a breeze, we have compiled various resources in this Ultimate Guide to 2023 Email Compliance. If any questions arise, you can always count on UnsubCentral to assist—we are committed to ensuring easy and stress-free compliance!
The CAN-SPAM Act is an important legislation that establishes stringent regulations for commercial emails, protecting recipients from abuse and allowing them to unsubscribe at any time. Violations of this law can result in severe consequences, which is why you must consider it when making a plan for 2023 email compliance.
Don’t let the name fool you: the CAN-SPAM Act applies to more than just bulk emails. It encompasses all commercial messages that serve as an advertisement or promotion for a product or service, such as email promoting content from any website with a commercial purpose. This means even business-to-business emails must abide by this law; Any message sent to former customers introducing them to new products and services should comply with these standards!
Here’s a brief rundown on everything the CAN-SPAM Act tackles:
- Prevention of using improper, incorrect, or false information in the header
- Prevention of having deceptive subject lines
- Requiring businesses to address and identify advertising/marketing emails properly
- Requiring businesses to state their location to recipients in emails or where they can be found
- Requiring businesses to tell email recipients how to opt-out and unsubscribe from future emails/correspondence
To go into even more detail about the CAN-SPAM Act and how it applies to businesses in 2023, check out our post: The CAN-SPAM Act: How to Stay Compliant in 2023.
General Data Protection Regulation (GDPR)
The European Union’s General Data Protection Regulation (GDPR), enacted on May 25, 2018, is currently the most stringent privacy and security measure in place. This law applies to any organization that collects or targets data associated with EU citizens, regardless of location. Those who violate its rules face significant penalties, with fines that can be worth millions of euros. By adhering to GDPR standards, businesses can ensure the safety of their customers’ private information while avoiding steep repercussions.
The GDPR tackles issues concerning data privacy by dealing with the following:
- Personal data refers to a vast range of information related to an individual, such as their name and email address. It also includes less apparent details like location, ethnicity, gender identity, biometric data, religion or beliefs, web cookies, and political views. Even pseudonymous data is included in the definition if someone could be easily identified from that information.
- Data processing is anything done to data that can be achieved automatically or manually. This could encompass gathering, archiving, organizing, structuring, storing up information, and using it later on, as well as deleting data altogether. In short – any action you take with the available data can fall into this category!
- Data Subject is every person whose data gets processed. These can be customers or website visitors that you are targeting for your business goals.
- Data controller is the individual responsible for managing personal data. This responsibility falls on owners and workers of companies who handle data – and that’s you! By understanding how to process this information appropriately, your organization will benefit from more security and compliance.
- Data processors are organizations or individuals that process personal data on another entity’s behalf. The GDPR requires them to adhere to particular rules and guidelines.
To ensure you are continually GDPR compliant when it comes to email marketing, UnsubCentral has crafted a helpful guide for easy reference. Completing this practical checklist will help keep your business stay up-to-date with all necessary regulations and protocols and ensure that you’re set up for success when it comes to 2023 email compliance.
California Consumer Privacy Act (CCPA) vs. The California Privacy Rights Act (CPRA)
On June 28, 2018, California took a giant leap for consumer privacy when it signed the California Consumer Privacy Act (CCPA) into law. This act grants citizens unprecedented control over their personal data and how companies use it – from collecting to selling. So that all Californians could rest easy knowing their information was safe, these regulations went into full effect by January 1, 2020.
Starting from January 1, 2023, the California Privacy Rights Act (CPRA) will supersede and expand upon existing CCPA regulations. Until then, companies must meet all of the requirements that have been established to stay compliant with current privacy laws. The CPRA sets forth new consumer privacy rights while introducing enforcement methods for those who fail to adhere to these rules. Companies should ensure they are fully prepared and aware of any changes coming into effect when this act goes live on January 1, 2023.
Check out our blog post: The California Consumer Privacy Act: What It Is and Why It Matters to Marketers, to get the full breakdown on how to stay compliant.
As the California Privacy Rights Act gets introduced and integrated in the upcoming couple of months, we will have guides and how-tos regarding that as well that will make everything straightforward regarding 2023 email compliance.
Data Subject Access Requests (DSAR)
A DSAR (Data Subject Access Request) is a particular type of DSR (Data Subject Request). By making this request, individuals can access any personal data an organization has processed about them. Furthermore, the individual will be permitted ongoing access to the same information so that they may periodically confirm if its processing was conducted lawfully. Not only do companies need to provide access to this data, but they must also make the requester aware of how their personal information is being used. This could include asking to process their data, who it will be shared with, and for how long it will be kept on record. Examples of such personal info may vary from an individual’s name or address to email addresses. If an individual in the USA is unhappy with how a company has addressed their DSAR, they can file a complaint to the Federal Communications Commission (FCC). Individuals are empowered to ensure their voices are heard by lodging such complaints.
When it comes to responding to DSARs and fulfilling them, there are six main steps:
- Identify and centralize the subject’s data
- Clarify the nature of the request
- Review the data that you have compiled
- Collect and package that data in an easily understandable format
- Ensure that you are informing the subject of their rights in the report
- Sending the requested data to the subject in an encrypted file
We have an exhaustive guide to Data Subject Access Requests that explains them in detail while covering how to respond to them in a compliant manner. Furthermore, we also offer demos on how to fulfill DSARs if you require them. Feel free to contact a member of our team to learn more on this or anything else related to 2023 email compliance.
Global Privacy Control
Global Privacy Control (GPC) is a revolutionary browser setting that sends signals to each website you visit, notifying them of your privacy preferences. Users have the right to expect their data won’t be shared or sold without consent under legislation like the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and other international laws. GPC was developed in collaboration with diverse groups of tech companies, publishers focused on protecting data privacy rights, civil rights advocates, and extension developers and is an integral part of 2023 email compliance.
UnsubCentral can help you enforce and manage your customers’ privacy controls on our platform by having a control management center that automatically accepts and applies the site preferences of a user when they visit your website. To get more information about Global Privacy Control, as well as the specific California requirements and how to adhere to them, contact us and we’ll walk you through it.
At UnsubCentral, we understand that the current landscape of data privacy regulations is constantly changing. We keep our finger on the pulse to ensure our customers comply with all applicable laws and regulations. Our team is committed to staying ahead of emerging trends in data protection and providing comprehensive solutions to meet any challenges they may face. We provide our clients with clear guidance and comprehensive support throughout their journey toward 2023 email compliance. No matter how complex new laws become, you can trust us to be by your side every step of the way, helping you stay ahead of the curve when it comes to helping maintain data compliance.