Table 1: Overarching Anti-Spam Frameworks in the United States, Canada, and the European Union

anti-spam_frameworks_international_table

The goal of this table is to provide at-a-glance information enabling rough comparison among the overarching anti-spam frameworks in the United States, Canada, and the European Union.  The reader is encouraged to consult the linked materials for more precise information.

 

 

United States

Canada

European Union

Laws

CAN-SPAM Act of 2003

Canadian Anti-Spam Law of 2010

E-Privacy Directive (2002/58/EC)

Recipient Opt-In Versus Opt-Out Regime

Opt-Out

Opt-In

Opt-In

Primary Regulator

Federal Trade Commission

Canadian Radio-television and Telecommunications Commission

National Regulatory Authorities

Private Right of Action

Only for “internet access service” providers

Yes

Depends on Member State implementing legislation

Relationship to Local Law

Preempts most state laws relating specifically to commercial email

 Establishes minimum standards that provinces and territories may exceed

Directs member states to enact implementing laws