So, to answer your question: Yes, businesses like yours can send cold emails *if* you follow a certain set of guidelines, all of which we will break down here.<\/p>\n\n\n\n
Is Cold Emailing Illegal?<\/strong><\/h2>\n\n\n\nThe short answer is no, cold emailing is not illegal. <\/strong><\/p>\n\n\n\nThe long answer has a \u201cbut\u201d in it. And that \u201cbut\u201d depends on where your cold outreach takes place. Much like other things in life, you need to follow certain rules and regulations which vary with location, government, and customs. <\/p>\n\n\n\n
Depending on where your prospects are in the world, you will have to align your cold email<\/a> campaigns to ensure you don\u2019t violate certain laws. Just like when you visit Venice and avoid feeding pigeons because it might attract a whopping \u20ac500 fine.\u00a0<\/p>\n\n\n\nLaws concerning cold emailing aren\u2019t as bizarre, but they can nevertheless injure your cold outreach seriously. The most well-known regulations, such as the CAN-SPAM Act and GDPR,<\/strong> lay down rules for cold emailing in the US and Europe, respectively. We\u2019ll be getting to that shortly. <\/p>\n\n\n\nBut before that, we\u2019re going to address a question that continue to haunt salespeople even today: \u201cHow to avoid spam?\u201d<\/strong><\/p>\n\n\n\nWhat is a Spam Email?<\/strong><\/h2>\n\n\n\nSpam emails are unwanted, unsolicited email messages sent in bulk<\/strong>, according to Norton Security. <\/a>B2C marketing emails, newsletters recipients never signed up for, phishing emails, and sales emails sent to an unreasonably large number of people can count as spam. <\/p>\n\n\n\nThis spray-and-pray outreach strategy is a fast track to getting caught by spam filters, losing sender reputation, and reducing your email deliverability rate. Besides being a complete 180 from what sales outreach really entails: Researching leads, their pain points, contacting leads that fit your ideal customer profile, and personalizing your outreach.<\/p>\n\n\n\n
Why Do My Cold Emails Go to the Spam Folder?<\/strong><\/h2>\n\n\n\nBefore we get to the why, let\u2019s understand the how. There are 2 major ways<\/strong> your cold email might grace the spam folder:<\/p>\n\n\n\n1. If the email service provider\u2019s (ESP) spam filters are triggered<\/strong><\/p>\n\n\n\nYour cold emails don\u2019t get a free pass to your prospect\u2019s inbox. Your prospect\u2019s ESP has spam filters in place that help sift unsolicited commercial messages out of the mix so as to not burden the inbox.<\/p>\n\n\n\n
2. If the recipient marks you as spam<\/strong><\/p>\n\n\n\nThis can happen when the content of your email adds no value to the recipient, includes unnecessary urgency, conceals the sender\u2019s identity, etc. This just annoys the prospect and drives their cursor right to the spam button. <\/p>\n\n\n\n
That said, here are some reasons<\/strong> why your cold email might be ending up in the spam folder. <\/p>\n\n\n\n\n- Email\u2019s content, subject line, or both contain spam trigger words<\/li>\n\n\n\n
- Sender information is inaccurate<\/li>\n\n\n\n
- You don\u2019t have permission from the recipient to send emails<\/li>\n\n\n\n
- Email authentication is incomplete<\/li>\n\n\n\n
- Unsubscribe link is missing <\/li>\n\n\n\n
- The recipient marked your email as spam<\/li>\n<\/ul>\n\n\n\n
These are some of the most common reasons why your emails aren\u2019t reaching their destination. And so, if you\u2019re looking for a quick check, analyzing your cold emails with these points in mind isn\u2019t a bad start. However, to get the full picture, understanding cold email laws is best.<\/p>\n\n\n\n
<\/div>\n\n\n\n<\/p>\n\n\n\n
What Is the Difference Between Cold Email and Spam?<\/strong><\/h2>\n\n\n\nCold emails aren\u2019t spam. This outreach technique has, over the years, gained a bad rap thanks to poorly executed sales outreach strategies that lack research, disrespect prospects\u2019 time, and are too pushy or intrusive. So, here\u2019s a quick rundown of how the two are different.<\/p>\n\n\n\n![\"difference](\"https:\/\/www.klenty.com\/blog\/wp-content\/uploads\/2023\/09\/difference-between-a-cold-email-and-SPAM-email.webp\")
<\/figure>\n\n\n\nCold Emailing Rules and Regulations in Different Countries<\/strong><\/h2>\n\n\n\nIf you send a cold email that doesn\u2019t comply with your recipient\u2019s country\u2019s laws, you can be subject to penalties running into 1000s of dollars. Here are summaries of cold emailing laws in different regions<\/strong> across the world.<\/p>\n\n\n\n1. Cold Email Regulations in the United States<\/h3>\n\n\n\n
The CAN-SPAM Act 2003<\/a> was enacted to regulate commercial emails, offer recipients an option to stop receiving them, and impose penalties on businesses that violate the provisions. <\/p>\n\n\n\nUnder this law, each cold email sent in violation of the CAN-SPAM Act can attract penalties of up to $46,517<\/strong>.<\/p>\n\n\n\nHow To Stay CAN-SPAM Compliant?<\/h4>\n\n\n\n\n- Include accurate information<\/strong><\/li>\n<\/ul>\n\n\n\n
This comes as no surprise, but this US cold email law requires businesses to share accurate and updated information. Any misleading or false information in your \u201cfrom\u201d <\/em>and \u201creply to\u201d lines<\/em> will be considered a direct violation of the law. <\/p>\n\n\n\n\n- Share your location<\/strong><\/li>\n<\/ul>\n\n\n\n
The CAN-SPAM Act requires SDRs to include their business\u2019s genuine<\/strong> physical address <\/strong>at the bottom of the email, right after the cold email signature<\/a>.<\/p>\n\n\n\n\n- Make sure they can opt out<\/strong><\/li>\n<\/ul>\n\n\n\n
All emails in your cold email campaign must offer the recipient the option to stop receiving your email. Once you receive an opt-out request, you must process it within 10 days<\/strong> in order to prevent any legal proceedings.<\/p>\n\n\n\n2. Cold Email Regulations in Europe<\/h3>\n\n\n\n
Countries part of the European Union observe the General Data Protection Regulation (GDPR)<\/strong><\/a> to regulate data privacy and cold email in the region. <\/p>\n\n\n\nUnder EU GDPR, non-compliance penalties can go as high as \u20ac20 million or up to 4% of the total global turnover<\/strong>, whichever is higher.<\/p>\n\n\n\nHow To Send GDPR-Compliant Emails?<\/h4>\n\n\n\n\n- Make sure you have a good reason to reach out<\/strong><\/li>\n<\/ul>\n\n\n\n
Under the GDPR, it\u2019s essential to have a valid reason for reaching out as you\u2019ve processed the recipient\u2019s data for emailing them. Due to this reason, it\u2019s best if you only contact those most likely to need your service or product. This falls under the definition of \u2018legitimate interest\u2019 <\/strong>under GDPR.<\/p>\n\n\n\n\n- Be transparent about the data source<\/strong><\/li>\n<\/ul>\n\n\n\n
As the GDPR exists to protect data privacy, it\u2019s vital that you disclose where you got the recipient\u2019s email address and other data<\/strong> from when you send over a cold email. If your prospect is not keen on receiving emails, the law requires you to delete their data from your system. <\/p>\n\n\n\n\n- Include an easy way to opt-out<\/strong><\/li>\n<\/ul>\n\n\n\n
When you send a cold email, you should also provide a quick and easy way to opt out<\/strong> of your emails. Ensure that you include a clear message within your email to clarify how the recipient can opt out. Subsequently, you must also delete their information from your database if they have raised an opt-out request.<\/p>\n\n\n\n3. Cold Email Regulations in the UK<\/h3>\n\n\n\n
The United Kingdom has 3 laws governing cold emailing<\/strong> in the country. These are, <\/p>\n\n\n\n\n- The UK GDPR 2020<\/strong><\/li>\n<\/ol>\n\n\n\n
Much like the European version, the UK GDPR also aims to streamline sales outreach activities. Non-compliance can attract a fine<\/a> of up to \u00a317.5 million or 4% of the company\u2019s annual global turnover,<\/strong> whichever is higher.<\/p>\n\n\n\n\n- The Privacy and Electronic Communications Regulations (PECR) 2003<\/strong><\/li>\n<\/ol>\n\n\n\n
PECR<\/a> covers areas including marketing by electronic means, and privacy of customers using communication networks or services. Violation of its provisions can invite a maximum penalty of \u00a3500,000.<\/strong><\/p>\n\n\n\n\n- The Data Protection Act 2018<\/strong><\/li>\n<\/ol>\n\n\n\n
DPA 2018 <\/a> controls how personal information is used by organizations, businesses or the government. As is the case with the UK GDPR, non-compliance can attract a fine of up to \u00a317.5 million or 4% of the company\u2019s annual global turnover, whichever is higher.<\/p>\n\n\n\nHow To Be Compliant with The UK\u2019s Cold Email Laws?<\/h4>\n\n\n\n\n- Gain consent from the individual recipient<\/strong><\/li>\n<\/ul>\n\n\n\n
In the case of B2B cold emails, SDRs don\u2019t need consent to shoot emails. However, if you\u2019re contacting individuals, the law mandates that you must obtain consent and prove a legitimate interest to justify the cold email. <\/p>\n\n\n\n
\n- Provide company details within the email<\/strong><\/li>\n<\/ul>\n\n\n\n
It\u2019s essential to mention your company information, such as contact details and a physical address, within the email.<\/p>\n\n\n\n
\n- Add an appropriate subject line<\/strong><\/li>\n<\/ul>\n\n\n\n
Make sure that your cold email subject line<\/a> is free from false promises and clickbait. It should be relevant and connected to the content of the email. Anything unrelated or in poor taste could result in heavy fines.<\/p>\n\n\n\n4. Cold Email Regulations in Australia<\/h3>\n\n\n\n
Australia follows the Spam Act (2003)<\/a>, which applies to all emails. Under this Australian cold email law, all electronic marketing material needs recipient\u2019s consent before contact. <\/p>\n\n\n\nAn important point to note about the Spam Act 2003 is that it applies to all cold emails opened within the nation\u2019s boundaries, irrespective of where they originated from. <\/p>\n\n\n\n
In case of non-compliance, organizations could face a maximum penalty of 10,000 penalty units, which is nearly $1.3 million<\/strong>. For an individual, the penalty is 2,000 penalty units or nearly $257,000<\/strong>. <\/p>\n\n\n\nHow To Stay Compliant with the Australian Spam Act?<\/h4>\n\n\n\n\n- Gain consent from the recipient<\/strong><\/li>\n<\/ul>\n\n\n\n
Under the Australian spam law, consent can be expressed as well as implied.<\/p>\n\n\n\n
Expressed consent:<\/strong> This includes instances where recipients have completed a form, shared consent over the phone, given consent in person, or even simply ticked a box on a website. It\u2019s always a good idea to keep a meticulous record of recipient consent in case of any misunderstandings.<\/p>\n\n\n\nInferred consent: <\/strong>If your prospect shares their contact details with you, the Spam Act 2003 recognizes it as implied consent. Hence, your emails will be considered legal. <\/p>\n\n\n\n\n- Make your identity clear<\/strong><\/li>\n<\/ul>\n\n\n\n
Your name, company details, and contact information should be provided within your email. If someone else is sending the message on your behalf, your legal name should be mentioned. You can either provide your full name or your legal business name\u2013this information must remain valid for at least 30 days<\/strong> after sending it.<\/p>\n\n\n\n\n- Add an unsubscribe link<\/strong><\/li>\n<\/ul>\n\n\n\n
Your cold email must allow the prospect to raise an opt-out request. This must be in the form of a clearly visible \u2018unsubscribe\u2019 option. Further, no charges must be levied on the prospect to exercise this option, and they must not be expected to login to an account to unsubscribe. Lastly, the prospect\u2019s unsubscribe request must be honored in 5 days.<\/strong><\/p>\n\n\n\n5. Cold Email Regulations in Canada<\/h3>\n\n\n\n
Canada\u2019s Anti-Spam Law (CASL) took effect in 2014<\/strong> and applies to all commercial electronic messages (CEMs), such as emails and texts. Its most discerning feature is that it requires all native and international businesses operating in Canada to gain consent from their recipients before sending cold emails. <\/p>\n\n\n\nAccording to Deloitte<\/a>, Canada\u2019s anti-spam legislation is one of the toughest of its kind. This is because, in most cases, SDRs require explicit consent from the recipient before sending cold emails. Further, non-compliance fines can cost as high as $10 million<\/strong>. <\/p>\n\n\n\nHow To Stay Compliant With CASL?<\/h4>\n\n\n\n\n- Gain explicit consent from the recipient<\/strong><\/li>\n<\/ul>\n\n\n\n
Under Canada\u2019s anti-spam legislation, SDRs must have the prospect\u2019s explicit consent to send cold emails. Earlier, implied consent was inferred from simply having a past business relationship. But now, it can only be inferred if the recipient publishes their electronic contact information or shares it voluntarily without denying CEMs. In all other cases, you must obtain express consent. <\/p>\n\n\n\n
\n- Identify yourself accurately<\/strong><\/li>\n<\/ul>\n\n\n\n
Cold emails must clearly mention sender details such as name, contact information, physical address, and an active and valid email address. <\/p>\n\n\n\n
\n- Offer clear unsubscribe options<\/strong><\/li>\n<\/ul>\n\n\n\n
All emails must include a quick and easy unsubscribe link and SDRs must honor such opt-out requests.<\/p>\n\n\n\n
6 Best Practices to Write CAN-SPAM, GDPR-Compliant Cold Emails<\/strong><\/h2>\n\n\n\nComing to the real question: How can you implement the above laws and make a cold email truly bulletproof? By ensuring these 6 best practices<\/strong> are checked off for each cold email that shoots out.<\/p>\n\n\n\n![\"best](\"https:\/\/www.klenty.com\/blog\/wp-content\/uploads\/2023\/09\/best-practices-to-write-can-spam-gdpr-compliant-cold-emails-643x1024.webp\")
<\/figure>\n<\/div>\n\n\n1. Avoid Clickbait Subject Lines<\/h3>\n\n\n\n
Clickbait subject lines might get the email opened, but it is shortsightedness at its finest. Once the prospect realizes you\u2019ve exaggerated, misled, or lied to them, it\u2019s a one-way ticket to the spam folder. And with that, your hopes and dreams of nurturing them down the sales funnel go out the window.<\/p>\n\n\n\n
Your cold emails are meant to help you build a long-term relationship with your prospect. Starting off on the wrong foot can cost you not just that individual prospect, but your email deliverability rate and your sender\u2019s reputation too. <\/p>\n\n\n\n
Here are some examples of deceptive<\/strong> subject lines:<\/strong><\/p>\n\n\n\n\n- You\u2019ll never believe this!<\/li>\n\n\n\n
- Want to become the best?<\/li>\n\n\n\n
- Free goodies inside!<\/li>\n<\/ul>\n\n\n\n
Not to forget\u2014once bitten twice shy<\/em>. Your prospect won\u2019t make the same mistake twice. If by some fluke your cold email does make it to their inbox, seeing a subject line like this will be proof enough for it to remain unopened or get transferred to the spam folder.<\/p>\n\n\n\n2. Be Open About Your Identity<\/h3>\n\n\n\n
Imagine receiving an email from \u2018gykaem@gmail.com\u2019 with no profile photo, name, or email signature. Looks suspicious, right? That\u2019s exactly what your prospect thinks, and off you go to the spam folder.<\/p>\n\n\n\n
Receiving an email from an unknown sender, who then does not identify themselves clearly, can be unsettling for most. So, showcasing your details will not just help you build trust with your prospects, but will also help your cold emails stay compliant with these laws. iThese details would include your name, designation, company, and business address<\/strong>.<\/strong> <\/p>\n\n\n\n3. Ensure Your Email Is Relevant to the Recipients<\/h3>\n\n\n\n
The whole idea of cold email laws such as General Data Protection Regulation(GDPR) and the CAN-SPAM Act is to curtail irrelevant unsolicited emails from crowding inboxes. <\/p>\n\n\n\n
But if you make it relevant and personalize your cold emails<\/a>, not only do you comply with these laws, but you also increase your open rates<\/strong> and your chance at actually converting the prospect.<\/p>\n\n\n\nIn fact, an in-house study at Klenty found that personalized subject lines get double the open rate<\/a> when compared to non-personalized ones.<\/p>\n\n\n\n![\"Infographic](\"https:\/\/www.klenty.com\/blog\/wp-content\/uploads\/2023\/09\/personalized-subject-lines-open-rates.webp\")
<\/figure>\n\n\n\nYour prospect should gain some value from your email. And the best way to do that is to research who they are, their company, pain points, motivations, and goals<\/strong>. Leveraging LinkedIn, ZoomInfo, or Clearbit is an excellent way to get a thorough understanding of your prospect and make it worth their time. <\/p>\n\n\n\nKyle Coleman<\/a>, SVP, Marketing at Clari, puts it well:\u2018\u2018If you don\u2019t take the time to understand a person or company before reaching out, why should they take the time to pay attention to you? You don\u2019t have to be a complete student of their business, but you need to know enough to show them you understand their challenges and can offer some help<\/em>.\u201d<\/p>\n\n\n\n4. Provide an Easy Way to Opt-Out or Unsubscribe<\/h3>\n\n\n\n
The next thing on your cold email checklist must be an opt out or unsubscribe link<\/a>. Offering an opt-out request is legally required by law, as we discussed previously. And so, the absence of one makes for a crimson red flag.<\/p>\n\n\n\nThe best way to comply with this is to ensure your opt-out request is, <\/p>\n\n\n\n
\n- Easily visible<\/li>\n\n\n\n
- Blends with the rest of the email and doesn\u2019t stand out<\/li>\n\n\n\n
- Includes an alternative to pause emails <\/li>\n<\/ul>\n\n\n\n
![\"example](\"https:\/\/www.klenty.com\/blog\/wp-content\/uploads\/2023\/09\/good-example-for-unsubscribe-link-in-cold-emails.webp\")
<\/figure>\n\n\n\nHere are some examples of how not to add these links: <\/p>\n\n\n\n
Unsubscribe:<\/em> Too light to read and not uniform with the rest of the cold email font color.<\/p>\n\n\n\nClick here to stop receiving valuable content<\/em>: Don\u2019t be cheeky, your prospect might hit unsubscribe just by reading this. <\/p>\n\n\n\n5. Revise Your Prospect List Regularly<\/h3>\n\n\n\n
Email validation should be your first step before you start curating the perfect cold electronic mail message for your prospects. This means ensuring you\u2019re sending emails to active users. Stale prospect lists can lead to a high bounce rate, a bad sender\u2019s reputation, and poor email deliverability. <\/p>\n\n\n\n
The end result? Your cold emails will now seem like bright spots to spam filters. So, what\u2019s the game plan? Email validation tools<\/a>. As an SDR, your time is precious and much better spent curating personalized sales journeys for your prospects rather than verifying email addresses. <\/p>\n\n\n\nAnd so, a smart use of resources would mean implementing an email validation tool. These tools help in,<\/p>\n\n\n\n
\n- Checking for syntax issues.<\/li>\n\n\n\n
- Verifying the prospect\u2019s domain through DNS records.<\/li>\n\n\n\n
- Confirming the prospect\u2019s email address exists and can receive emails.<\/li>\n<\/ul>\n\n\n\n
Some of the leading email validation tools include Klenty<\/a>, Hunter<\/a>, and Debounce<\/a>.<\/p>\n\n\n\n6. Boost Sender Score with Email Warm-up<\/h3>\n\n\n\n
Just like a fresh pair of jeans needing a little stretching to gain that perfect fit, your new cold email address also needs a little warming up before you start meeting your daily quotas. <\/p>\n\n\n\n
And the reason for this is to help convince email service providers (ESPs) that you\u2019re not here to spam recipients. And in the process, improve your email deliverability<\/a>.<\/p>\n\n\n\nYou see, you need to build a sender reputation for ESPs to believe your emails aren\u2019t spam and deserve a seat in the waiting room, i.e., your prospect\u2019s inbox.<\/p>\n\n\n\n
To do this means starting slow, sending a small number of emails to known addresses daily, ensuring they drive open rates, response rates, CTRs, and most importantly-don\u2019t get marked as spam.<\/p>\n\n\n\n
Building on this and increasing your daily emails gradually helps warm up your email to meet the daily quota set by ESPs. In Google\u2019s case, it\u2019s 2000. <\/p>\n\n\n\n
Hitting 2000 on your first day will only flag your email address for suspicious activity and stop you before you\u2019ve actually begun. Email warmup can be a tedious process that spans 2-3 months, so implementing an email warm up tool<\/a> like Lemwarm and Mailwarm<\/strong> might be the best way to stay consistent.\u00a0<\/p>\n\n\n\nMoral of the story: Warm up your email address<\/a> to ensure your email makes it to the finish point.\u00a0<\/p>\n\n\n\nIn a Nutshell<\/strong><\/h2>\n\n\n\nThese are just general rules that were put up after people discovered emails and started bombarding others with them. The primary reasons for having these rules are to be respectful of people\u2019s time and to protect them from getting spammed. Serious businesses like yours won\u2019t have much to worry about as long as you make your intentions clear and are honest in the email copy.<\/p>\n\n\n\n
Disclaimer:<\/em><\/strong> The information provided above is educational in nature. It should not be considered legal advice. For actionable legal guidance, please consult an attorney.<\/em><\/p>\n\n\n\n\n\nResources You\u2019ll Love<\/strong><\/h2>\n\n\n\n\n- 7 Effective Tips To Send Bulk Cold Emails That Always Land in Your Prospect\u2019s Inbox<\/a><\/li>\n\n\n\n
- 6 Klenty Features You Can Use to Boost Your Email Deliverability<\/a><\/li>\n\n\n\n
- How Long Should a Cold Email Be?<\/a><\/li>\n\n\n\n
- 90+ Unforgettable Email Sign-offs to Get Your Readers\u2019 Attention<\/a><\/li>\n<\/ul>\n<\/div><\/div>\n<\/div><\/div>\n\n\n\n
FAQs<\/strong><\/h2>\n\n\n\n\n\n1. Is it legal to send cold emails?<\/strong><\/h3>\n\n\nYes, it is legal to send cold emails<\/strong> as long as you adhere to the law of the land. Different countries and regions have different privacy laws that govern cold emailing. Violating their provisions can attract hefty penalties and punishments. For instance, the US\u2019s CAN-SPAM Act requires SDRs to include accurate information, share the business\u2019s physical location, and offer an unsubscribe link.<\/p>\n\n<\/div>\n<\/div>\n\n2. How do I cold email without getting blacklisted?<\/strong><\/h3>\n\n\nHere\u2019s how you can ensure you don\u2019t get blacklisted.
– Warm up a new email address
– Validate your prospect\u2019s email address
– Avoid spam triggering words
– Ensure your cold emails comply with the concerned cold email laws
– Avoid deceptive subject lines
– Offer an unsubscribe link in your email
– Ensure your cold email is relevant to your prospect<\/p>\n\n<\/div>\n<\/div>\n
\n3. Is cold email illegal in the US?<\/strong><\/strong><\/h3>\n\n\nNo, it is not illegal<\/strong> to send emails without permission in the US. However, the CAN-SPAM Act stipulates certain provisions that govern cold outreach. These include sharing accurate information, your physical address, and an unsubscribe link within the cold email. Any breach of these rules can attract legal repercussions.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"To send or not to send cold emails? If you find yourself pondering over this question and feeling a little closer to Hamlet, you\u2019re not alone. \u201cIs cold emailing illegal?\u201d is a question many SDRs have as they write an email to a complete stranger. Until there\u2019s a better, more respectful way to reach a […]<\/p>\n","protected":false},"author":13,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"rank_math_title":"Is Cold Emailing Illegal? (Laws You Need To Know in 2023)","rank_math_description":"No. Businesses like yours can send cold emails *if* you comply with laws and regulations. Here\u2019s the lowdown on all cold emailing laws and compliance tips.","footnotes":""},"categories":[27],"tags":[],"class_list":["post-7057","post","type-post","status-publish","format-standard","hentry","category-cold-email"],"_links":{"self":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts\/7057","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/comments?post=7057"}],"version-history":[{"count":31,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts\/7057\/revisions"}],"predecessor-version":[{"id":20393,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts\/7057\/revisions\/20393"}],"wp:attachment":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/media?parent=7057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/categories?post=7057"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/tags?post=7057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
The long answer has a \u201cbut\u201d in it. And that \u201cbut\u201d depends on where your cold outreach takes place. Much like other things in life, you need to follow certain rules and regulations which vary with location, government, and customs. <\/p>\n\n\n\n
Depending on where your prospects are in the world, you will have to align your cold email<\/a> campaigns to ensure you don\u2019t violate certain laws. Just like when you visit Venice and avoid feeding pigeons because it might attract a whopping \u20ac500 fine.\u00a0<\/p>\n\n\n\n Laws concerning cold emailing aren\u2019t as bizarre, but they can nevertheless injure your cold outreach seriously. The most well-known regulations, such as the CAN-SPAM Act and GDPR,<\/strong> lay down rules for cold emailing in the US and Europe, respectively. We\u2019ll be getting to that shortly. <\/p>\n\n\n\n But before that, we\u2019re going to address a question that continue to haunt salespeople even today: \u201cHow to avoid spam?\u201d<\/strong><\/p>\n\n\n\n Spam emails are unwanted, unsolicited email messages sent in bulk<\/strong>, according to Norton Security. <\/a>B2C marketing emails, newsletters recipients never signed up for, phishing emails, and sales emails sent to an unreasonably large number of people can count as spam. <\/p>\n\n\n\n This spray-and-pray outreach strategy is a fast track to getting caught by spam filters, losing sender reputation, and reducing your email deliverability rate. Besides being a complete 180 from what sales outreach really entails: Researching leads, their pain points, contacting leads that fit your ideal customer profile, and personalizing your outreach.<\/p>\n\n\n\n Before we get to the why, let\u2019s understand the how. There are 2 major ways<\/strong> your cold email might grace the spam folder:<\/p>\n\n\n\n 1. If the email service provider\u2019s (ESP) spam filters are triggered<\/strong><\/p>\n\n\n\n Your cold emails don\u2019t get a free pass to your prospect\u2019s inbox. Your prospect\u2019s ESP has spam filters in place that help sift unsolicited commercial messages out of the mix so as to not burden the inbox.<\/p>\n\n\n\n 2. If the recipient marks you as spam<\/strong><\/p>\n\n\n\n This can happen when the content of your email adds no value to the recipient, includes unnecessary urgency, conceals the sender\u2019s identity, etc. This just annoys the prospect and drives their cursor right to the spam button. <\/p>\n\n\n\n That said, here are some reasons<\/strong> why your cold email might be ending up in the spam folder. <\/p>\n\n\n\n These are some of the most common reasons why your emails aren\u2019t reaching their destination. And so, if you\u2019re looking for a quick check, analyzing your cold emails with these points in mind isn\u2019t a bad start. However, to get the full picture, understanding cold email laws is best.<\/p>\n\n\n\n <\/p>\n\n\n\n Cold emails aren\u2019t spam. This outreach technique has, over the years, gained a bad rap thanks to poorly executed sales outreach strategies that lack research, disrespect prospects\u2019 time, and are too pushy or intrusive. So, here\u2019s a quick rundown of how the two are different.<\/p>\n\n\n\n If you send a cold email that doesn\u2019t comply with your recipient\u2019s country\u2019s laws, you can be subject to penalties running into 1000s of dollars. Here are summaries of cold emailing laws in different regions<\/strong> across the world.<\/p>\n\n\n\n The CAN-SPAM Act 2003<\/a> was enacted to regulate commercial emails, offer recipients an option to stop receiving them, and impose penalties on businesses that violate the provisions. <\/p>\n\n\n\n Under this law, each cold email sent in violation of the CAN-SPAM Act can attract penalties of up to $46,517<\/strong>.<\/p>\n\n\n\n This comes as no surprise, but this US cold email law requires businesses to share accurate and updated information. Any misleading or false information in your \u201cfrom\u201d <\/em>and \u201creply to\u201d lines<\/em> will be considered a direct violation of the law. <\/p>\n\n\n\n The CAN-SPAM Act requires SDRs to include their business\u2019s genuine<\/strong> physical address <\/strong>at the bottom of the email, right after the cold email signature<\/a>.<\/p>\n\n\n\n All emails in your cold email campaign must offer the recipient the option to stop receiving your email. Once you receive an opt-out request, you must process it within 10 days<\/strong> in order to prevent any legal proceedings.<\/p>\n\n\n\n Countries part of the European Union observe the General Data Protection Regulation (GDPR)<\/strong><\/a> to regulate data privacy and cold email in the region. <\/p>\n\n\n\n Under EU GDPR, non-compliance penalties can go as high as \u20ac20 million or up to 4% of the total global turnover<\/strong>, whichever is higher.<\/p>\n\n\n\n Under the GDPR, it\u2019s essential to have a valid reason for reaching out as you\u2019ve processed the recipient\u2019s data for emailing them. Due to this reason, it\u2019s best if you only contact those most likely to need your service or product. This falls under the definition of \u2018legitimate interest\u2019 <\/strong>under GDPR.<\/p>\n\n\n\n As the GDPR exists to protect data privacy, it\u2019s vital that you disclose where you got the recipient\u2019s email address and other data<\/strong> from when you send over a cold email. If your prospect is not keen on receiving emails, the law requires you to delete their data from your system. <\/p>\n\n\n\n When you send a cold email, you should also provide a quick and easy way to opt out<\/strong> of your emails. Ensure that you include a clear message within your email to clarify how the recipient can opt out. Subsequently, you must also delete their information from your database if they have raised an opt-out request.<\/p>\n\n\n\n The United Kingdom has 3 laws governing cold emailing<\/strong> in the country. These are, <\/p>\n\n\n\n Much like the European version, the UK GDPR also aims to streamline sales outreach activities. Non-compliance can attract a fine<\/a> of up to \u00a317.5 million or 4% of the company\u2019s annual global turnover,<\/strong> whichever is higher.<\/p>\n\n\n\n PECR<\/a> covers areas including marketing by electronic means, and privacy of customers using communication networks or services. Violation of its provisions can invite a maximum penalty of \u00a3500,000.<\/strong><\/p>\n\n\n\n DPA 2018 <\/a> controls how personal information is used by organizations, businesses or the government. As is the case with the UK GDPR, non-compliance can attract a fine of up to \u00a317.5 million or 4% of the company\u2019s annual global turnover, whichever is higher.<\/p>\n\n\n\n In the case of B2B cold emails, SDRs don\u2019t need consent to shoot emails. However, if you\u2019re contacting individuals, the law mandates that you must obtain consent and prove a legitimate interest to justify the cold email. <\/p>\n\n\n\n It\u2019s essential to mention your company information, such as contact details and a physical address, within the email.<\/p>\n\n\n\n Make sure that your cold email subject line<\/a> is free from false promises and clickbait. It should be relevant and connected to the content of the email. Anything unrelated or in poor taste could result in heavy fines.<\/p>\n\n\n\n Australia follows the Spam Act (2003)<\/a>, which applies to all emails. Under this Australian cold email law, all electronic marketing material needs recipient\u2019s consent before contact. <\/p>\n\n\n\n An important point to note about the Spam Act 2003 is that it applies to all cold emails opened within the nation\u2019s boundaries, irrespective of where they originated from. <\/p>\n\n\n\n In case of non-compliance, organizations could face a maximum penalty of 10,000 penalty units, which is nearly $1.3 million<\/strong>. For an individual, the penalty is 2,000 penalty units or nearly $257,000<\/strong>. <\/p>\n\n\n\n Under the Australian spam law, consent can be expressed as well as implied.<\/p>\n\n\n\n Expressed consent:<\/strong> This includes instances where recipients have completed a form, shared consent over the phone, given consent in person, or even simply ticked a box on a website. It\u2019s always a good idea to keep a meticulous record of recipient consent in case of any misunderstandings.<\/p>\n\n\n\n Inferred consent: <\/strong>If your prospect shares their contact details with you, the Spam Act 2003 recognizes it as implied consent. Hence, your emails will be considered legal. <\/p>\n\n\n\n Your name, company details, and contact information should be provided within your email. If someone else is sending the message on your behalf, your legal name should be mentioned. You can either provide your full name or your legal business name\u2013this information must remain valid for at least 30 days<\/strong> after sending it.<\/p>\n\n\n\n Your cold email must allow the prospect to raise an opt-out request. This must be in the form of a clearly visible \u2018unsubscribe\u2019 option. Further, no charges must be levied on the prospect to exercise this option, and they must not be expected to login to an account to unsubscribe. Lastly, the prospect\u2019s unsubscribe request must be honored in 5 days.<\/strong><\/p>\n\n\n\n Canada\u2019s Anti-Spam Law (CASL) took effect in 2014<\/strong> and applies to all commercial electronic messages (CEMs), such as emails and texts. Its most discerning feature is that it requires all native and international businesses operating in Canada to gain consent from their recipients before sending cold emails. <\/p>\n\n\n\n According to Deloitte<\/a>, Canada\u2019s anti-spam legislation is one of the toughest of its kind. This is because, in most cases, SDRs require explicit consent from the recipient before sending cold emails. Further, non-compliance fines can cost as high as $10 million<\/strong>. <\/p>\n\n\n\n Under Canada\u2019s anti-spam legislation, SDRs must have the prospect\u2019s explicit consent to send cold emails. Earlier, implied consent was inferred from simply having a past business relationship. But now, it can only be inferred if the recipient publishes their electronic contact information or shares it voluntarily without denying CEMs. In all other cases, you must obtain express consent. <\/p>\n\n\n\n Cold emails must clearly mention sender details such as name, contact information, physical address, and an active and valid email address. <\/p>\n\n\n\n All emails must include a quick and easy unsubscribe link and SDRs must honor such opt-out requests.<\/p>\n\n\n\n Coming to the real question: How can you implement the above laws and make a cold email truly bulletproof? By ensuring these 6 best practices<\/strong> are checked off for each cold email that shoots out.<\/p>\n\n\n Clickbait subject lines might get the email opened, but it is shortsightedness at its finest. Once the prospect realizes you\u2019ve exaggerated, misled, or lied to them, it\u2019s a one-way ticket to the spam folder. And with that, your hopes and dreams of nurturing them down the sales funnel go out the window.<\/p>\n\n\n\n Your cold emails are meant to help you build a long-term relationship with your prospect. Starting off on the wrong foot can cost you not just that individual prospect, but your email deliverability rate and your sender\u2019s reputation too. <\/p>\n\n\n\n Here are some examples of deceptive<\/strong> subject lines:<\/strong><\/p>\n\n\n\n Not to forget\u2014once bitten twice shy<\/em>. Your prospect won\u2019t make the same mistake twice. If by some fluke your cold email does make it to their inbox, seeing a subject line like this will be proof enough for it to remain unopened or get transferred to the spam folder.<\/p>\n\n\n\n Imagine receiving an email from \u2018gykaem@gmail.com\u2019 with no profile photo, name, or email signature. Looks suspicious, right? That\u2019s exactly what your prospect thinks, and off you go to the spam folder.<\/p>\n\n\n\n Receiving an email from an unknown sender, who then does not identify themselves clearly, can be unsettling for most. So, showcasing your details will not just help you build trust with your prospects, but will also help your cold emails stay compliant with these laws. iThese details would include your name, designation, company, and business address<\/strong>.<\/strong> <\/p>\n\n\n\n The whole idea of cold email laws such as General Data Protection Regulation(GDPR) and the CAN-SPAM Act is to curtail irrelevant unsolicited emails from crowding inboxes. <\/p>\n\n\n\n But if you make it relevant and personalize your cold emails<\/a>, not only do you comply with these laws, but you also increase your open rates<\/strong> and your chance at actually converting the prospect.<\/p>\n\n\n\n In fact, an in-house study at Klenty found that personalized subject lines get double the open rate<\/a> when compared to non-personalized ones.<\/p>\n\n\n\n Your prospect should gain some value from your email. And the best way to do that is to research who they are, their company, pain points, motivations, and goals<\/strong>. Leveraging LinkedIn, ZoomInfo, or Clearbit is an excellent way to get a thorough understanding of your prospect and make it worth their time. <\/p>\n\n\n\n Kyle Coleman<\/a>, SVP, Marketing at Clari, puts it well:\u2018\u2018If you don\u2019t take the time to understand a person or company before reaching out, why should they take the time to pay attention to you? You don\u2019t have to be a complete student of their business, but you need to know enough to show them you understand their challenges and can offer some help<\/em>.\u201d<\/p>\n\n\n\n The next thing on your cold email checklist must be an opt out or unsubscribe link<\/a>. Offering an opt-out request is legally required by law, as we discussed previously. And so, the absence of one makes for a crimson red flag.<\/p>\n\n\n\n The best way to comply with this is to ensure your opt-out request is, <\/p>\n\n\n\n Here are some examples of how not to add these links: <\/p>\n\n\n\n Unsubscribe:<\/em> Too light to read and not uniform with the rest of the cold email font color.<\/p>\n\n\n\n Click here to stop receiving valuable content<\/em>: Don\u2019t be cheeky, your prospect might hit unsubscribe just by reading this. <\/p>\n\n\n\n Email validation should be your first step before you start curating the perfect cold electronic mail message for your prospects. This means ensuring you\u2019re sending emails to active users. Stale prospect lists can lead to a high bounce rate, a bad sender\u2019s reputation, and poor email deliverability. <\/p>\n\n\n\n The end result? Your cold emails will now seem like bright spots to spam filters. So, what\u2019s the game plan? Email validation tools<\/a>. As an SDR, your time is precious and much better spent curating personalized sales journeys for your prospects rather than verifying email addresses. <\/p>\n\n\n\n And so, a smart use of resources would mean implementing an email validation tool. These tools help in,<\/p>\n\n\n\n Some of the leading email validation tools include Klenty<\/a>, Hunter<\/a>, and Debounce<\/a>.<\/p>\n\n\n\n Just like a fresh pair of jeans needing a little stretching to gain that perfect fit, your new cold email address also needs a little warming up before you start meeting your daily quotas. <\/p>\n\n\n\n And the reason for this is to help convince email service providers (ESPs) that you\u2019re not here to spam recipients. And in the process, improve your email deliverability<\/a>.<\/p>\n\n\n\n You see, you need to build a sender reputation for ESPs to believe your emails aren\u2019t spam and deserve a seat in the waiting room, i.e., your prospect\u2019s inbox.<\/p>\n\n\n\n To do this means starting slow, sending a small number of emails to known addresses daily, ensuring they drive open rates, response rates, CTRs, and most importantly-don\u2019t get marked as spam.<\/p>\n\n\n\n Building on this and increasing your daily emails gradually helps warm up your email to meet the daily quota set by ESPs. In Google\u2019s case, it\u2019s 2000. <\/p>\n\n\n\n Hitting 2000 on your first day will only flag your email address for suspicious activity and stop you before you\u2019ve actually begun. Email warmup can be a tedious process that spans 2-3 months, so implementing an email warm up tool<\/a> like Lemwarm and Mailwarm<\/strong> might be the best way to stay consistent.\u00a0<\/p>\n\n\n\n Moral of the story: Warm up your email address<\/a> to ensure your email makes it to the finish point.\u00a0<\/p>\n\n\n\n These are just general rules that were put up after people discovered emails and started bombarding others with them. The primary reasons for having these rules are to be respectful of people\u2019s time and to protect them from getting spammed. Serious businesses like yours won\u2019t have much to worry about as long as you make your intentions clear and are honest in the email copy.<\/p>\n\n\n\n Disclaimer:<\/em><\/strong> The information provided above is educational in nature. It should not be considered legal advice. For actionable legal guidance, please consult an attorney.<\/em><\/p>\n\n\n\n Yes, it is legal to send cold emails<\/strong> as long as you adhere to the law of the land. Different countries and regions have different privacy laws that govern cold emailing. Violating their provisions can attract hefty penalties and punishments. For instance, the US\u2019s CAN-SPAM Act requires SDRs to include accurate information, share the business\u2019s physical location, and offer an unsubscribe link.<\/p>\n\n<\/div>\n<\/div>\n Here\u2019s how you can ensure you don\u2019t get blacklisted. No, it is not illegal<\/strong> to send emails without permission in the US. However, the CAN-SPAM Act stipulates certain provisions that govern cold outreach. These include sharing accurate information, your physical address, and an unsubscribe link within the cold email. Any breach of these rules can attract legal repercussions.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":" To send or not to send cold emails? If you find yourself pondering over this question and feeling a little closer to Hamlet, you\u2019re not alone. \u201cIs cold emailing illegal?\u201d is a question many SDRs have as they write an email to a complete stranger. Until there\u2019s a better, more respectful way to reach a […]<\/p>\n","protected":false},"author":13,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"rank_math_title":"Is Cold Emailing Illegal? (Laws You Need To Know in 2023)","rank_math_description":"No. Businesses like yours can send cold emails *if* you comply with laws and regulations. Here\u2019s the lowdown on all cold emailing laws and compliance tips.","footnotes":""},"categories":[27],"tags":[],"class_list":["post-7057","post","type-post","status-publish","format-standard","hentry","category-cold-email"],"_links":{"self":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts\/7057","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/comments?post=7057"}],"version-history":[{"count":31,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts\/7057\/revisions"}],"predecessor-version":[{"id":20393,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/posts\/7057\/revisions\/20393"}],"wp:attachment":[{"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/media?parent=7057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/categories?post=7057"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.klenty.com\/blog\/wp-json\/wp\/v2\/tags?post=7057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What is a Spam Email?<\/strong><\/h2>\n\n\n\n
Why Do My Cold Emails Go to the Spam Folder?<\/strong><\/h2>\n\n\n\n
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What Is the Difference Between Cold Email and Spam?<\/strong><\/h2>\n\n\n\n
<\/figure>\n\n\n\nCold Emailing Rules and Regulations in Different Countries<\/strong><\/h2>\n\n\n\n
1. Cold Email Regulations in the United States<\/h3>\n\n\n\n
How To Stay CAN-SPAM Compliant?<\/h4>\n\n\n\n
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2. Cold Email Regulations in Europe<\/h3>\n\n\n\n
How To Send GDPR-Compliant Emails?<\/h4>\n\n\n\n
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3. Cold Email Regulations in the UK<\/h3>\n\n\n\n
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How To Be Compliant with The UK\u2019s Cold Email Laws?<\/h4>\n\n\n\n
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4. Cold Email Regulations in Australia<\/h3>\n\n\n\n
How To Stay Compliant with the Australian Spam Act?<\/h4>\n\n\n\n
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5. Cold Email Regulations in Canada<\/h3>\n\n\n\n
How To Stay Compliant With CASL?<\/h4>\n\n\n\n
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6 Best Practices to Write CAN-SPAM, GDPR-Compliant Cold Emails<\/strong><\/h2>\n\n\n\n
<\/figure>\n<\/div>\n\n\n1. Avoid Clickbait Subject Lines<\/h3>\n\n\n\n
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2. Be Open About Your Identity<\/h3>\n\n\n\n
3. Ensure Your Email Is Relevant to the Recipients<\/h3>\n\n\n\n
<\/figure>\n\n\n\n4. Provide an Easy Way to Opt-Out or Unsubscribe<\/h3>\n\n\n\n
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<\/figure>\n\n\n\n5. Revise Your Prospect List Regularly<\/h3>\n\n\n\n
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6. Boost Sender Score with Email Warm-up<\/h3>\n\n\n\n
In a Nutshell<\/strong><\/h2>\n\n\n\n
Resources You\u2019ll Love<\/strong><\/h2>\n\n\n\n
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FAQs<\/strong><\/h2>\n\n\n
1. Is it legal to send cold emails?<\/strong><\/h3>\n
2. How do I cold email without getting blacklisted?<\/strong><\/h3>\n
– Warm up a new email address
– Validate your prospect\u2019s email address
– Avoid spam triggering words
– Ensure your cold emails comply with the concerned cold email laws
– Avoid deceptive subject lines
– Offer an unsubscribe link in your email
– Ensure your cold email is relevant to your prospect<\/p>\n\n<\/div>\n<\/div>\n3. Is cold email illegal in the US?<\/strong><\/strong><\/h3>\n