Is CAN-SPAM Act Relevant to Indian Marketers? Here’s What to Know

Email is still one of the most powerful ways for enterprises to communicate with potential with laws. For Indian marketers, one law that often gets mentioned is the CAN-SPAM Act. But does this U.S.-based law apply to businesses operating from India? In this blog, you will get to know more about the context. 

What is the CAN-SPAM Act?

The CAN-SPAM Act was approved and legalised in the United States in 2003, sets the rules for Marketing Campaign practices. It gives receivers the right to stop receiving commercial emails and outlines penalties for violations.

Key Requirements Under the CAN-SPAM Act:

1. Clear Identification
   

   • Marketers must clearly label promotional emails.
   • Misleading subject lines or headers are not allowed.
     
     

2. Opt-Out Option
   

   • Every marketing email must provide a clear way to unsubscribe.
   • The unsubscribe request must be honored within 10 business days.
     
     

3. Physical Address
   

   • All emails must include the sender’s valid physical postal address.
     
     

4. Transparency
   

   • The sender must be clearly identified.
   • If a third-party is sending on behalf of a brand, that relationship should be
     disclosed.
     
     

5. No Harvesting or Selling Lists
   

   • Collecting email addresses using illegal methods like scraping is forbidden.
     
     

CAN-SPAM Act: Does It Apply to Indian Marketers?

Technically, the CAN-SPAM Act is a U.S. law. However, it has global implications. If you are an Indian business targeting U.S. consumers with your Email Marketing Campaign, the law applies to you.

Why Indian Marketers Should Care:

1. Global Email Lists
   

   • Many Indian businesses have international customers.
   • Sending emails to users in the U.S. puts you under CAN-SPAM Act regulations.
     
     

2. Risk of Penalties
   

   • Violations can lead to fines of up to $43,792 per email.
   • U.S.-based users can report non-compliant emails.
     
     

3. Reputation Management
   

   • Compliance shows professionalism.
   • Avoiding spam filters is easier with proper compliance.
     
     

4. Industry Standards
   

   • Following CAN-SPAM Act rules is often part of global marketing best practices.
     
     

CAN-SPAM Act vs Indian Laws

India does not have a law identical to the CAN-SPAM Act, but it does have general data protection and IT regulations.

Key Points About Indian Email Laws:

• Information Technology Act, 2000
  

  • Covers data protection and cybercrime.
  • Does not directly regulate Email Marketing Campaign practices
    
    

• Data Protection Bill (under review)
  

  • Once passed, it may include stricter rules for consent-based marketing.
    
    

• Best Practices Suggested in India
  

  • Obtain clear consent before sending emails.
  • Offer opt-out options.
  • Do not mislead recipients.
    
    

Even if Indian law doesn’t demand it, following the CAN-SPAM Act can make your marketing efforts cleaner and more effective.

Best Practices for Indian Marketers Using Email

If you’re using an Email Marketing Tool or sending emails manually, here are simple steps to align with CAN-SPAM Act principles:

1. Use Verified Email Lists

• Always get permission before sending any emails.
• Avoid purchasing lists or scraping data.
  
  

2. Include a Clear Unsubscribe Link

• Every email should include an easy opt-out option.
• Make sure the link works and unsubscribes are handled promptly.
  
  

3. Add a Valid Physical Address

• Whether it’s your office or P.O. box, make sure it’s listed.
  
  

4. Avoid Misleading Subject Lines

• Be honest about what’s inside the email.
• Don’t use tricks to improve open rates.
  
  

5. Disclose Who You Are

• Be transparent about your identity.
• Avoid using fake names or domains.
  
  

Benefits of Following the CAN-SPAM Act

Even if you’re not legally bound by the CAN-SPAM Act, following its standards can benefit your Email Marketing Campaign:

• Fewer Spam Complaints
  

  • Clean practices reduce the chances of being flagged.
    
    

• Higher Open Rates
  

  • Honest subject lines and transparency help build trust.
    
    

• Better Deliverability
  

  • Email clients are less likely to filter compliant messages.
    
    

• Professionalism
  

  • Shows your audience that you respect their time and consent.
    
    

How Email Marketing Tools Help with Compliance

Modern Email Marketing Tools come with built-in features that make compliance easy.

Key Features to Look For:

• Automatic Unsubscribe Handling
• List Segmentation Based on Consent
• Pre-Designed Templates with Legal Footers
• Spam Score Monitoring
  
  

Using a good Email Marketing Tool not only simplifies your Email Marketing Campaign but also reduces the risk of violating regulations like the CAN-SPAM Act.

Is the CAN-SPAM Act Relevant in India?

Although the CAN-SPAM Act is a U.S. law it has useful guidelines for Indian marketers with a global reach. Having clean lists, using honesty in your communications, and providing opt-out opportunities are all good habits wherever your audience is located.