This document provides an overview and agenda for an email marketing workshop focusing on deliverability, compliance, and trust. The agenda covers getting emails delivered to recipients' inboxes, protecting brands, and understanding email laws and regulations. Specific topics include factors that affect deliverability like complaints, list quality, and content; building and protecting brands through email branding and preventing phishing; complying with laws like CAN-SPAM in the US and CASL in Canada; and resources for staying informed on compliance.

1. 9/30/2011
Email Marketing Workshop
Part V
Deliverability, Compliance & Trust
Agenda
• Getting To The Inbox
• Protecting Your Brand
• Email Laws & Regulations
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2. 9/30/2011
Laurence Rothman
Nationwide
Senior Consultant, Brand Reputation
rothmal@nationwide.com
Twitter: @LaurenceRothman
Matt Rausenberger
Return Path, Inc.
Sr. Director, Deliverability Consulting
matt.rausenberger@returnpath.net
eec Co-Chair
Deliverability & Rendering Roundtable
PSVillage Co-Chair, Denver Chapter
GETTING TO THE INBOX:
DELIVERABILITY & REPUTATION
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Reputation
Poor Reputation & Deliverability
= NO INBOX
• No Clicks
• No Opens
• No Purchases
• No Conversions
• No Brand Building
• No Relationships
Factors That Affect Deliverability
• Subscriber Actions
– Complaints
– Opens
• List Quality
– Unknown Users
– Spam Traps
• Content
• Email Infrastructure
– Authentication
– Sending Permanence
• Accreditation
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Complaints
Positive Subscriber Actions
List Maintenance
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Unknown Users
Bounces
• Automated Response from Receiving
Network that Email Message Was Not
Delivered
• Can Happen at any Stage of
Message Transfer or Days After
• Classified as Hard and Soft
Bounces
Spam Traps
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Give Them a Choice
Content
Content Rendering
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Mail Infrastructure
Certify Your Email
Manage Metrics
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Relevance & Response Rates
BUILDING AND PROTECTING
YOUR BRAND VIA EMAIL
Email Branding
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What Makes Subscribers Open?
Prominently Display Your Logo
Email Fraud
• Spoofing – Modifying the sender
address and other parts of the email
header to appear as if the email
originated from some place it did not
• Phishing – Fraudulent practice of sending e-mails
purporting to be from legitimate companies in order
to induce individuals to reveal personal information
such as email addresses, SS# and credit cards
• Malware – Malicious software meant to steal private
data, take control of resources or cause abusive
behavior
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Brand Reputation & Trust
• Company perception in the
marketplace
• Erosion of brand trust
• In a recent Cloudmark survey,
42% of respondents said that
their trust in a brand would be
greatly reduced if they received
a phishing email claiming to be
sent by that brand.
You Can Stop Phishing!
• Authenticate email with SPF and DKIM
• Educate your employees about spoofing,
phishing and malware
• Monitor phishing and malware attacks
• Third-party vendors can help with:
– Registering your domain to prevent unauthenticated
email from being delivered
– Monitoring, detecting and taking down phishing sites
COMPLIANCE FOR
COMMERCIAL EMAIL
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United States
• CAN-SPAM Act of 2003
• Email Law, not Privacy Law
• Opt-out, not Opt-in
• Make your privacy statement easy to find
and read
• Track source and date of subscriber
acquisition
CAN-SPAM
• Covers all commercial email
• Clear and conspicuously displayed opt-out
mechanism
• Valid postal address
• Clear notice that the message is commercial
• Process unsubscribes within 10 business days
• No false headers or subject lines
• Accurately represent Forward to a Friend (FTAF)
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Canada & CASL
• Law takes effect early 2012
• CEM Law, not just Email Law
• Affects all companies that send email, SMS, and
social network messages into Canada
• Must have consent from subscriber unless implied
relationship exists (allowed up to 2 years)
• Organization will need to review their email
policies
• Penalties can be as high as $1 million per violation
for individuals, and $10 million per violation for
organizations
Complying with CASL
• Establish baseline policy for all digital
communications with subscribers
• Segment your subscribers based on expressed
preferences, observed behaviors, demographics
• Use opt-in consent methods for capturing contact
information.
• Clear unsubscribe information in communications
• Use preference centers so that subscribers can choose
the timing and frequency with which they receive emails
• Obtain explicit consent within 2 year window
• Include postal address in all communications
• Never rent lists or do email appends
European Union
• Data Protection Directive
• Privacy Law not Email Law
• Opt-in, not Opt-out
• 7 Principals:
– Notice
– Purpose
– Consent
– Security
– Disclosure
– Access
– Accountability
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Asia-Pacific Privacy Framework
• Forum of 21 Pacific Rim countries
• Privacy Principles:
– Preventing Harm
– Notice
– Collection Limitations
– Uses of Personal Information
– Choice
– Integrity of Personal Information
– Security Safeguards
– Access and Correction
– Accountability
Rest of World
• Existence, detail and enforcement of
privacy law in countries around the world
vary dramatically
Compliance Resources
Morrison & Foerster's International Privacy Library
www.mofo.com/privacy--data-security-services
Email Spam Legislation by Country
en.wikipedia.org/wiki/E-mail_spam_legislation_by_country
U.S. CAN-SPAM Act of 2003
www.spamlaws.com/federal/108s877.shtml
Canada - Marketer’s Guide to Applying CASL
www.thindata.com/aboutus/resourcecenter/casl/pdf/The_M
arketers_Guide_to_Applying_casl.pdf
Email Sender and Provider Coalition (ESPC)
www.espcoalition.org
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Deliverability Blogs
Return Path
www.returnpath.net
Deliverability.com
www.deliverability.com
Word to the Wise
blog.wordtothewise.com
Al Iverson
blog.exacttarget.com/blog.php/al-iverson
Thank You!
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