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Guide

Cold email laws: CAN-SPAM, GDPR, and CASL

A plain-English overview of the main rules for B2B cold email in the US, EU, and Canada. Always confirm with your own legal counsel.

Updated · By Infinoid Technologies Private Limited

In short

In the US, CAN-SPAM permits B2B cold email if headers and subject lines are honest, the sender includes a valid postal address, and opt-out requests are honored within 10 business days. In the EU, GDPR requires a lawful basis such as legitimate interest plus national ePrivacy rules. Canada’s CASL generally requires express or implied consent. This is not legal advice.

United States — CAN-SPAM

Do not use false or misleading header information or deceptive subject lines. Identify the message as an ad where required. Include your valid physical postal address. Tell recipients how to opt out, honor opt-outs within 10 business days, and do not sell or transfer the addresses of people who opted out. You remain responsible even if a vendor sends for you.

European Union — GDPR and ePrivacy

Processing a business contact’s personal data needs a lawful basis; many B2B senders rely on legitimate interest, documented with a balancing test. Recipients can object at any time, and you must say who you are and where you got their data. National ePrivacy laws add country-specific rules for unsolicited email, so requirements differ between EU countries.

Canada — CASL

CASL generally requires express or implied consent before sending commercial electronic messages. Implied consent can apply when someone conspicuously publishes their business address without saying they do not want messages and your message relates to their role. Every message must identify the sender and include a working unsubscribe.

What Infiara does

Every Infiara campaign email includes a one-click unsubscribe, and unsubscribed or manually blocked addresses are suppressed for the whole workspace. You remain the sender of record and are responsible for compliance.

Questions

Frequently asked questions

Is B2B cold email legal under GDPR?

It can be, when you have a lawful basis such as legitimate interest, the message is relevant to the person’s role, you are transparent about your identity and data source, and you honor objections. National ePrivacy rules may add requirements.

Do I need a postal address in cold emails?

Under CAN-SPAM, yes: commercial emails must include a valid physical postal address. Adding it to your email signature is the simplest way.

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