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Industry Primer

CAN-SPAM Versus Canadian Convention Table

The following table makes it easier for you to compare the differences between CAN-SPAM and Canadian conventions.

E-mailing in the U.S. E-mailing in Canada Using a Canadian List
CAN-SPAM specifies that creative must contain a valid opt-out link. These links must remain valid for 30 days.
Canadian guidelines say only that creative must contain a valid opt-out link.
Opt-out link from the list owner must be included in the message. Advertisers are REQUIRED to include their own opt-out link. Opt-out link from the list owner needs to be inserted in the message. Including an advertiser opt-out link is OPTIONAL.
Mailer opt-out suppression lists are MANDATORY for future third-party
e-mail list rentals.
Mailer opt-out suppression lists are NOT mandatory for future third-party e-mail list rentals.
Suppression files for advertisers must not be more than 10 days old. If a recipient has opted out from that advertiser through a third-party list within the 10-day timeframe, the advertiser/sender is exempt from disciplinary action. All Cornerstone managed lists, consistent with Canadian conventions, have removal links that write back to a source database that is updated hourly.
Creative MUST contain the physical mailing address of the sender. P.O. boxes are not acceptable. It is RECOMMENDED that, to increase credibility, creative contain the physical mailing address of the sender.
"From" and "Subject" lines can't be false or misleading. U.S. law specifies that they must contain sender information.
"From" and "Subject" lines can't be false or misleading. To be consistent with best practices, they should contain sender information.
Header/footer must accurately identify the origin of the e-mail and give opt-out instructions.
Header/footer must accurately identify the origin of the e-mail and give opt-out instructions.
Message must have a functioning "From" line and functioning "Reply"
e-mail address controlled by the list owner, both clearly displayed.
Message must have a functioning "From" line and functioning "Reply"
e-mail address controlled by the list owner, both clearly displayed.
If list is not opt-in—and prior affirmative consent has not been given—the "Subject" line must bear the designation "ADV."
Canadian conventions do not require the designation "ADV."
If names are not affirmatively collected, there must be a visible indication at the time the names are collected that the operator of the website or service may transfer, sell or rent the information. There also must be a valid means for opting out before signing up.
If names are not affirmatively collected, there must be a visible indication at the time the names are collected that the operator of the website or service may transfer, sell or rent the information. There also must be a valid means for opting out before signing up.

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