The short answer is no, cold emailing is not illegal. The long answer has a "but" in it. And that "but" depends on where your cold outreach takes place. Like others, you must follow specific rules and regulations that vary with:

• Location

• Government

• Customs

Avoiding Legal Pitfalls in Your Outreach

Depending on where your prospects are, you will have to align your cold email campaigns to ensure you don't violate specific laws. For example, when you visit Venice, avoid feeding pigeons because they might attract a fine of €500. Laws concerning cold emailing aren't as bizarre, but they can injure your cold outreach. The most well-known regulations, such as the CAN-SPAM Act and GDPR, lay down rules for cold emailing in the US and Europe, respectively. We'll get to that shortly. But before that, we will address a question that continues to haunt salespeople today: "How do I avoid spam?"

What is a Spam Email?

According to Norton Security, spam emails are unwanted, unsolicited emails sent in bulk. B2C marketing emails, newsletters recipients never signed up for, phishing emails, and sales emails sent to an unreasonably large number of people can be spam. 

Why Targeted Outreach Trumps Mass Blasts

This spray-and-pray outreach strategy is a fast track to getting caught by spam filters, losing sender reputation, and reducing your email deliverability rate, besides being a complete 180 from what sales outreach entails:

• Researching leads

• Their pain points

• Contacting leads that fit your ideal customer profile

• Personalizing your outreach.

Why Do My Cold Emails Go to the Spam Folder?

Before we get to the why, let’s understand the how. There are two significant ways your cold email might grace the spam folder:

1. If the email service provider’s (ESP) spam filters are triggered

Your cold emails don’t get a free pass to your prospect’s inbox. Your prospect’s ESP has spam filters that help sift unsolicited commercial messages out of the mix, so as not to burden the inbox.

2. If the recipient marks you as spam

This can happen when the content of your email adds no value to the recipient, includes unnecessary urgency, conceals the sender’s identity, etc. This annoys the prospect and drives their cursor to the spam button. That said, here are some reasons why your cold email might end up in the spam folder: 

• The email’s content, subject line, or both contains spam trigger words

• Sender information is inaccurate

• You don’t have permission from the recipient to send emails

• Email authentication is incomplete

• The unsubscribe link is missing 

• The recipient marked your email as spam

These are the most common reasons your emails aren’t reaching their destination. And so, if you’re looking for a quick check, analyzing your cold emails with these points in mind isn’t a bad start. Nevertheless, understanding cold email laws is best to get the whole picture.

What Is the Difference Between Cold Email and Spam?

Kevin Hopkinson, who manages marketing operations at ZoomInfo, outlines the three elements differentiating cold emails from spam: 

1. Intention 

A key difference between cold emails and spam is the message's intent. “Targeted cold email lists involve a personalized message sent to potential clients or contacts with legitimate business intent,” Hopkinson says. “Spam, on the other hand, is unsolicited bulk messaging sent indiscriminately, such as promoting irrelevant or misleading products to random unqualified contacts.”

2. Personalization

Effective cold emails are personalized. They address the recipient by name, reference specific details about their business or role, and offer solutions tailored to their needs. Spam emails lack this personalization, appearing generic and often irrelevant to the recipient. “Tailoring content to the recipient’s preferences, behaviors, and past interactions enhances customer experience, fosters brand loyalty, and allows conversations to quickly improve into conversions with relevance and value,” Hopkinson says. 

3. Straightforwardness

Well-crafted cold emails are transparent about their purpose. They clearly state why the sender is reaching out and what they offer. “Spam is vague, overly promotional, and irrelevant in every way to the audience receiving it,” Hopkinson says. 

Cold Emailing Rules and Regulations in Different Countries

Is cold email legal in the United States?

Cold email is legal in the United States. Nonetheless, you must comply with the CAN-SPAM Act. The CAN-SPAM Act outlines the legal requirements for all commercial messages (emails) to advertise or promote a product or service. 

What does the law state

The CAN-SPAM Act states that recipients have the right to opt out of receiving emails and includes penalties up to USD 50,120.00 for violations. This law applies to all commercial email messages and is not just applicable to bulk emails.

How to comply

You must use accurate header information. Your "From," "To," and "Reply-To" must be accurate and not misleading. Your subject lines must not be deceptive and represent your email's content. State what your email is about. You must mention that your email is an advertisement. Mention your physical location. You should add this to your email signature. This can be your street address or the post office box you registered with the U.S. Postal Service. Tell the recipient how they can opt out of receiving future emails from you. 

Is cold email legal in the United Kingdom? 

Cold email is legal in the United Kingdom, but you should know the Privacy and Electronic Communications Regulations (PECR). 

What does the law state

In the United Kingdom, the Privacy and Electronic Communications Regulations (PECR) require businesses to obtain prior consent before sending unsolicited commercial email to individuals. PECR also requires firms to include a valid contact address so recipients can opt out or unsubscribe. 

Navigating UK Cold Email Rules: B2B and Consent-Based Strategies

You might be wondering how to send cold emails in the UK if you need first to receive consent. You can't send cold emails to private individuals, but you can send cold emails to businesses. You can send commercial emails to people who have given you consent through a third party, such as a reseller or a corporation within your group. An example could be if a potential client has already opted in to receive emails from your parent company, you can send them cold emails.

How to comply

Apart from complying with the above regulations, below are some things you can do to stay compliant in the UK: Allow your recipients to opt out of future emails. Provide your business address (you can do this in your signature). Don't use deceptive subject lines. Your subject line has to be relevant to the content of your email.

Is cold email legal in the European Union (EU)? 

Cold email is legal in the European Union, but you should know about the General Data Protection Regulation (GDPR). 

What does the law state

In the European Union, the General Data Protection Regulation (GDPR) regulates commercial email, requiring businesses to obtain consent before sending unsolicited emails to individuals. Nevertheless, this rule has some exceptions, such as when the email is necessary for the legitimate interests of the sender or the recipient. The GDPR also requires businesses to provide an opt-out option and accurate email contact information.

How to comply

You can comply with the GDPR's requirements by clearly and concisely explaining why you are contacting the recipient and offering an easy way to opt out. You must also ensure that the emails you send are necessary for the legitimate interests of the sender or the recipient.

Is cold email legal in Canada? 

Cold email is legal in Canada, but it's more difficult as you must obtain explicit consent first. You should be aware of the Anti-Spam Legislation (CASL). 

What does the law state

In Canada, the Anti-Spam Legislation (CASL) also regulates commercial email, requiring businesses to obtain prior consent before sending emails, including cold emails, to individuals. Nonetheless, implied consent can still be allowed, for example, if you get an email address from a mutual contact who already has a business relationship with the recipient. CASL also requires businesses to include an opt-out option and accurate contact information in their emails.

How to comply

After you've received explicit or implied consent from the recipient, you should follow the guidelines below to stay compliant: State who you are with accurate contact and address information. Give the recipient a straightforward way to opt out of future emails. Ensure that your email is relevant to the recipient.

Cold Email Laws in South Africa 

The Protection of Personal Information Act (POPIA) governs cold emailing in South Africa. The law, which was enacted on July 1, 2020, aims to protect individuals' privacy by ensuring that their data is handled responsibly. A key provision of the POPI Act that concerns cold emailing is that individuals must give explicit consent for their personal information to be collected and processed. That all but makes a cold email illegal. Penalties for violating the provisions of the POPI Act can be up to R10 million or 10 years imprisonment. 

Cold email in other jurisdictions 

Many countries have privacy regulations that you need to consider. You must consult with a lawyer when conducting business in new markets. You want to ensure compliance with the local laws and regulations so that you don't find yourself fined. You don't want your business to end up being one that's on a list of those that are not allowed to trade in certain areas.

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