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Opt-In Requirements and Permission
United States
No, the CAN-SPAM Act allows direct marketing email messages to be sent to anyone, without permission, until the recipient explicitly requests that they cease (opt-out).
Europe
Yes, direct marketing email messages may be sent only to recipients who have given their prior consent (opt-in). Prior permission is required for business-to-consumer (B2C) communication covering all "natural persons".
For business-to-business communication (B2B), i.e. "legal persons", EU member states are free to make opt-out the minimum legislation. However, national legislation of member states can require opt-in for B2B email communication too.
Existing Business Relationship:
A business relationship in which contact information was obtained constitutes prior consent as long as a means to opt out was provided at the same time and continues to be provided with each such message and each message is about similar products or services by the same company.
Canada
Yes, commercial electronic messages may be sent only to recipients who have given their prior consent (opt-in). All recipients' express, or in certain cases implied, prior permission is required.
Existing Business Relationship:
When there is an existing business or non-business relationship, a recipient's implied consent applies for 36 months, beginning July 1, 2014.
Certain exceptions apply to specific types of messages sent by a political party, charity, family members, people in personal relationships, persons within an organization or between organizations.
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