How do GDPR and CAN-SPAM affect automated messages?
Both regulations constrain automated email, with different requirements:
GDPR requirements: Lawful basis for processing (usually consent for marketing). Right to withdraw consent at any time. Right to data deletion (affecting automation data). Clear privacy notice about data use.
CAN-SPAM requirements: Truthful subject lines and headers. Physical postal address in message. Clear identification as advertisement (for commercial email). Working opt-out mechanism. Honor opt-outs within 10 days.
Automation implications: Consent must be verified before automation entry. Suppressions must sync in real-time. All automated emails need required elements. Data deletion requests must stop automation.
Transactional exceptions: Both laws have limited exceptions for transactional messages. Exceptions do not apply to promotional content in transactional emails.
Automation does not exempt compliance. Every triggered email must meet regulatory requirements.
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