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Is Cold Email Legal? CAN-SPAM, GDPR and What to Check

What every cold email should carry
  1. 1Honest sender name
  2. 2Truthful subject
  3. 3Your postal address
  4. 4Working opt out
  5. 5Honour it fast
The short answer: in the US, CAN-SPAM allows cold email to businesses if you use an honest sender and subject line, include your postal address, and give a working way to opt out that you honour quickly. Other regions, including the EU and UK, are stricter. This is general information, not legal advice.

What CAN-SPAM requires in the US

  • Do not use false or misleading sender or subject lines.
  • Say who you are and include a valid postal address.
  • Give a clear way to opt out and honour it within ten business days.
  • You remain responsible if a tool sends for you.

Where the rules are stricter

The EU and UK treat consent and legitimate interest differently, and some countries restrict email to individuals more than to companies. Canada has its own anti spam law. Always check the rules for the place your recipient lives.

A short checklist

Real name and company, honest subject, postal address, unsubscribe link or a clear reply opt out, a suppression list so nobody is emailed again, and a record of where you found each address.

When to ask a lawyer

Before you email large numbers of people, or in a regulated field, or into a region you are unsure about.

A short example of a compliant footer

Place a plain line at the bottom: your name, company, postal address, and a sentence such as "If you would rather not hear from me, reply stop and I will not write again." Then actually keep a list of everyone who said stop and check it before every send.

Common mistakes

  • Using a misleading subject line to get the open.
  • Forgetting to honour an opt out across all your lists.
  • Letting a tool send from a name that is not yours.
  • Assuming one country rules apply everywhere.
Set up sending safelyWrite a respectful email

Where Touchbase fits

Touchbase finds companies that fit what you sell, says why each one fits, writes a plain first email for each that you approve before anything is sent, and handles replies and follow-ups. You choose who to write to and what goes out.

Find your first customers with Touchbase

Touchbase finds companies that fit what you sell, writes each first email for you to approve, and handles the follow-ups. It is free to start, with no card.

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Questions

Do I need consent to send a cold email?
In the US not for business email, but you must offer an opt out. Elsewhere consent or a lawful basis may be needed.
Is an unsubscribe link required?
CAN-SPAM requires a clear way to opt out. A link is the simplest.
Is this legal advice?
No. It is general information. Ask a lawyer about your own situation.

Stop waiting for customers to find you

Tell Touchbase what you sell. It finds the companies that need it and the person to write to at each, and drafts a first email for you to read and send.

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