Marketing Concepts28% of the exam

CAN-SPAM, GDPR and CCPA by subscriber region

Which privacy law applies to which part of the subscriber base (CAN-SPAM in the US, the GDPR for EU individuals, the CCPA in California and other state laws), what each asks of email marketers, and why legal review and the platform's privacy tools go together.

Official exam objective
Recall the regional nature of privacy laws with respect to the subscriber base in order to uphold privacy standards in the context of marketing.

~6 min read · 9 practice questions ·

What the exam expects

  • Match a group of subscribers to the law that protects them: CAN-SPAM (US commercial email), the GDPR (EU individuals) or the CCPA (California residents).
  • State the CAN-SPAM requirements for commercial email and how transactional email differs.
  • Recognise valid GDPR consent and the proof an organisation must keep.
  • Name the GDPR principle a data practice breaks, including data minimization and privacy by default.
  • List what consumers generally want under the newer US state laws, and when to involve the legal team.
  • Key terms: commercial email (primary purpose is commercial advertisement or promotion); transactional email (facilitates or updates an agreed transaction); processing (anything done to or with personal data); data minimization (collect only what the purpose needs); privacy by default (the most privacy-friendly setting is the default).

Key facts

CAN-SPAM scope
Detail
US federal law on commercial email, effective January 1, 2004
GDPR scope
Detail
EU individuals' data, even with no EU presence; effective May 25, 2018
Unsure classification
Detail
Choose commercial and include an unsubscribe link
Advertisement label
Detail
Required unless you have express opt-in consent
Transactional sends
Detail
Not required to honour opt-outs
Proof of consent
Detail
Organisations must be able to prove valid consent
Privacy by default
Detail
Least processing; shortest retention
Sources for this section (6)
  • When did the GDPR take effect?
  • Why can a transactional send reach a subscriber who unsubscribed?
  • Which three states besides California does Trailhead name as adding or proposing privacy laws?
  • Why does a pseudonymised email list still fall under the GDPR?

The questions are free to read. Answers with their sources and self-grading are included with the pack.

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