Email Laws

B2i Email Notification System, Best Practices, and Laws

Overview

Our advanced Email Alerts System exceeds industry norms with a focus on branding, customization options, and automation. Following is a comprehensive list of: B2i email features, B2i CRM portal features, B2i API/WordPress plug in features, industry email best practices, and common governing laws.

B2i Email Features

• Custom branded email design templates.
• Different email templates can be used for each type of email notification.
• HTML email templates include the option to have navigation to different parts of your website. Example: links to latest content (press releases, SEC filings, presentations, etc).
• Email option includes excerpt with continue reading link or entire email body.
• Placeholders for mail merge email personalization.
• Custom footer design can include unsubscribe link, corporate/IR contact, and link to email preferences form.

B2i API/WordPress Plug in Features

• Easy API and WordPress email opt-in and unsubscribe form implementation.
• Automated email delivery for press releases, SEC filings, end-of-day stock data, and event calendar reminders.
• Secure double opt-in includes verifying users email address
• Display and/or require user input fields: first name, last name, company, investor type, and phone number.
• Email opt-in choices can include automated content such as SEC, press, etc. or user generated content.
• Separate modules for subscribe and unsubscribe forms.
• Option for “Click to Agree” email terms and conditions.
• Multiple layouts for subscribe form.
• Control email form design with your CSS.

B2i CRM Portal features

• Create custom content for email.
• User triggered email delivery for custom content, OTC disclosures, and any other content that is not automated.
• Activity captured and viewable in B2i CRM for subscribe, unsubscribe, and email metrics (sent, opened, and click through for read more).
• Portal users can receive notifications for new email subscribers and opt-outs in real-time.
• View, search, import, and export email opt-in contacts.
• Weekly email for new CRM contacts.
• Portal user can view each contact’s email settings, including group subscriptions and preferences.

Best Practice

B2i’s email notification system strives for compliance with all governing laws. B2i system allows for easy adoption and implementation of a best practices approach for email content subscriptions. Our opt-in forms can be implemented with the API or WordPress plug in.  Content is automatically emailed 

• Include an email opt-in section within your IR section either under Investor Resources or in a global section that will appear on all pages.
• Have your email notifications mimic your corporate brand to include your corporate logo and style guide.
• Email design should include links to your corporate website pages for content of high interest. Example: latest financial results, latest press release, stock detail, corporate presentation, and upcoming events.
• Ensure you have an unsubscribe link in your email notifications to adhere to governing laws and adhere to ADA standards.
• In your email include a user preferences link to manage their content of interest.
• Ensure email terms and conditions are in place for compliance with governing laws.

Common Governing Laws

GDPR

Under the General Data Protection Regulation (GDPR), individuals have specific rights regarding their personal data, including the right to unsubscribe from marketing communications. Here are the key rules and regulations related to unsubscribing:

• Clear Consent: Individuals must give clear consent to receive marketing communications. This consent should be freely given, specific, informed, and unambiguous.
• Easy Unsubscription: Organizations must provide an easy and straightforward way for individuals to withdraw their consent at any time. This can be through an unsubscribe link in emails or a simple process on a website.
• Immediate Action: Once a person unsubscribes, the organization must cease processing their data for marketing purposes without undue delay.
• Documentation: Organizations should keep records of consent and unsubscription requests to demonstrate compliance with GDPR.
• No Further Marketing: After unsubscribing, individuals should not receive further marketing communications unless they provide consent again.
• User Rights: Individuals have the right to access their data and request the deletion of their personal information, which can include unsubscribing from all communications.

 These regulations ensure that individuals have control over their personal data and how it is used, promoting transparency and respect for privacy.

Link to GDPR site: https://gdpr-info.eu/

CASL

The Canadian Anti-Spam Legislation (CASL) outlines specific rules and regulations regarding unsubscribing from commercial electronic messages (CEMs). Here are the key points:

• Consent Required: Organizations must obtain express or implied consent before sending CEMs. Recipients must have the option to unsubscribe.
• Unsubscribe Mechanism: Every CEM must include a clear and simple unsubscribe mechanism. This could be an unsubscribe link or instructions on how to unsubscribe.
• Processing Unsubscribes: Organizations must process unsubscribe requests within 10 business days. Once a recipient unsubscribes, they should no longer receive CEMs.
• No Fees for Unsubscribing: It must be free for recipients to unsubscribe. No charges or penalties should be imposed.
• Clear Identification: The sender must provide clear identification in the message, including their name or the organization’s name and contact information.
• Record Keeping: Organizations should maintain records of consent and unsubscribe requests to demonstrate compliance with CASL.
• Implied Consent Situations: Even if consent is implied, recipients still have the right to unsubscribe, and organizations must honor those requests.
• Transactional Messages: CASL does not apply to transactional or relationship messages, but if marketing content is included, the unsubscribe requirement still applies.

These rules are designed to protect consumers from unwanted electronic communications and ensure they have control over their inboxes.

Link to CASL: https://crtc.gc.ca/eng/com500/guide.htm

California Laws

California, the primary regulation governing email marketing and unsubscribing is the California Consumer Privacy Act (CCPA), along with the California Online Privacy Protection Act (CalOPPA) and the federal CAN-SPAM Act. Here are the key points regarding unsubscribing under these laws:

California Consumer Privacy Act (CCPA)

• Right to Opt-Out: Consumers have the right to opt-out of the sale of their personal information. This means that businesses must provide a clear and conspicuous way for consumers to express this preference.
• Unsubscribe Mechanism: While the CCPA does not specifically require an unsubscribe link for all communications, businesses must provide clear information on how consumers can manage their data and preferences.
• Transparency: Businesses must inform consumers about their data collection practices, including how their data may be used for marketing purposes.

California Online Privacy Protection Act (CalOPPA)

• Privacy Policy: Businesses that collect personal data must maintain a privacy policy that outlines how users can request to opt-out or unsubscribe from communications.

CAN-SPAM Act (Federal Law)

• Unsubscribe Option: All commercial emails must include a clear and conspicuous unsubscribe mechanism.
• Processing Requests: Businesses must honor unsubscribe requests within 10 business days.
• No Fees: There should be no charges or additional steps required to unsubscribe.
• Identification: Senders must provide accurate sender information and avoid deceptive subject lines.
• General Best Practices
• Clear Instructions: Provide straightforward instructions on how to unsubscribe.
• Immediate Action: Ensure unsubscribe requests are processed promptly and effectively.
• Confirmation: Sending a confirmation email after a successful unsubscribe can help reassure users.

These regulations ensure consumers have control over their personal information and marketing communications in California.

Link to CCPA: https://oag.ca.gov/privacy/ccpa

ADA Considerations for Email Subscription/Unsubscription

The Americans with Disabilities Act (ADA) doesn’t directly regulate email subscription or unsubscribe processes, but it emphasizes accessibility across digital platforms, which can apply to email content and interfaces. The ADA’s goal is to ensure equal access for people with disabilities, meaning that emails should be designed in ways that accommodate assistive technologies like screen readers, and that actions like subscribing or unsubscribing should be easily accessible to all users.

Key ADA Considerations for Email Subscription/Unsubscription:

• Accessible Email Content
  • Ensure the email body is compatible with screen readers by using text-based content rather than images or complex layouts that may be difficult to navigate for users with visual impairments.
  • Use proper HTML coding, include image alt text, and avoid small or non-contrasting fonts that are hard to read.
• Clear and Accessible Unsubscribe Links
  • Include a prominently visible and easy-to-navigate unsubscribe link. This link should be labeled clearly (e.g., “Unsubscribe” rather than using obscure terms) and designed to work with keyboard-only navigation.
  • Ensure that the unsubscribe process is straightforward and without barriers that might make it difficult for users with disabilities.
• Subscription Forms with Accessible Fields
  • Ensure subscription forms are labeled clearly and work with screen readers. For instance, label fields accurately (like “First Name” and “Email Address”) so that screen readers can interpret them properly.
  • Avoid using CAPTCHA features unless they have an accessible alternative, as these can create difficulties for users with disabilities.
• Double Opt-In Process (if applicable)
  • While double opt-in isn’t an ADA requirement, ensure that any confirmations or follow-up emails for this process are accessible and follow the same guidelines for readability, labeling, and accessibility.
• Adherence to WCAG Guidelines
  • Following the Web Content Accessibility Guidelines (WCAG), specifically WCAG 2.1, helps ensure email interfaces and content meet recognized accessibility standards. Aim for at least WCAG Level AA compliance for all interactions.

While the ADA doesn’t specify compliance rules for email subscriptions and unsubscriptions, following WCAG guidelines aligns with ADA principles and improves inclusivity.

Link to WCAG: https://www.wcag.com/resource/what-is-wcag/