CAN-SPAM vs GDPR: Email Marketing Laws for Fitness Businesses

Fitness businesses need to follow email marketing laws to avoid fines and build trust. Here's what you need to know about CAN-SPAM (US) and GDPR (EU):

• CAN-SPAM allows implied consent, GDPR requires explicit consent
• Both require easy unsubscribing, but GDPR demands immediate action
• Fines: CAN-SPAM up to $43,792 per email, GDPR up to €20 million or 4% of turnover
• CAN-SPAM applies to US businesses, GDPR to anyone handling EU citizens' data

Quick Comparison:

Feature	CAN-SPAM	GDPR
Consent	Implied OK	Explicit required
Opt-out	Within 10 days	Immediate
Fines	Up to $43,792/email	Up to €20M or 4% turnover
Scope	US businesses	Anyone with EU data

To comply:

• Get clear permission before emailing
• Make unsubscribing simple
• Include your gym's address in emails
• Keep consent records (for GDPR)
• Regularly review your email practices

Following these laws builds trust with members and avoids costly penalties. Stay updated on changes and keep your team informed to maintain compliance.

Related video from YouTube

What is CAN-SPAM?

CAN-SPAM is a U.S. law that sets rules for commercial emails. It's not just about spam - it covers ALL marketing emails sent by fitness businesses.

Who does it cover? EVERYONE sending commercial messages, including:

• B2B emails
• Emails promoting products or services
• Fitness businesses emailing clients or prospects

Here's how to stay on the right side of CAN-SPAM:

1. Don't lie. Use real "From" names and honest subject lines.
2. Label your ads. If it's an ad, say so.
3. Show your address. Include your gym's physical location in every email.
4. Make unsubscribing easy. Add a clear opt-out method.
5. Honor opt-outs quickly. Remove unsubscribers within 10 days.

Breaking these rules? It'll cost you. Each non-compliant email can lead to a fine of up to $51,744. Send 100 bad emails, and you're looking at potential fines over $5 million.

"If recipients have given their prior affirmative consent to get messages from you, you're exempt from the requirement of identifying the message as an ad or solicitation – but that's it. All other CAN-SPAM requirements still apply." - Christopher, FTC Representative

Remember: Even if you have permission to email someone, you still need to follow most CAN-SPAM rules. Don't get caught out!

What is GDPR?

GDPR (General Data Protection Regulation) is a set of rules that protect EU residents' personal data. It's a big deal for fitness businesses doing email marketing.

Who Does It Cover?

If you collect data from even ONE EU resident, GDPR applies to you. Doesn't matter where your gym is located.

Key Rules for Businesses

1. Explicit Consent

No sneaky pre-ticked boxes. Members must actively agree to get your emails.

2. Clear Communication

Tell members why you want their data and how you'll use it.

3. Easy Opt-Out

Make it simple for people to unsubscribe or delete their data.

4. Data Security

Keep personal info safe. Don't hoard data you don't need.

Here's how GDPR stacks up against CAN-SPAM:

Aspect	GDPR	CAN-SPAM
Consent Type	Explicit opt-in	Implied consent OK
Pre-ticked Boxes	Nope	Yep
Proof of Consent	Must keep records	Not needed

Costs of Breaking GDPR

Break these rules, and it'll hurt:

• Fines up to €20 million or 4% of global turnover (whichever hurts more)
• Your gym's reputation takes a hit
• Customers stop trusting you

In 2021, British Airways got slapped with a £20 million fine for a data breach. Ouch.

"All marketing activities are likely to be affected by the GDPR in one way or another. That much is obvious." - Oksana Chyketa, Product Marketing Manager at Newoldstamp

GDPR isn't just another regulation. It's changing how gyms handle email marketing. Ignore it at your own risk.

CAN-SPAM vs GDPR: What's Different?

CAN-SPAM and GDPR have some key differences that fitness businesses need to know. Let's break it down:

Where They Apply

CAN-SPAM is for the U.S., GDPR for the EU. But here's the twist:

• CAN-SPAM covers emails to U.S. consumers, no matter where you're based.
• GDPR applies if you handle EU citizens' data, even from outside the EU.

So, a New York gym with Paris members? You're on the hook for both.

Getting Permission

This is where it gets interesting:

Aspect	CAN-SPAM	GDPR
Consent	Implied OK	Must be explicit
Pre-ticked boxes	Allowed	Not allowed
Opt-out	Required	Required

CAN-SPAM lets you email until told to stop. GDPR? You need a clear "yes" first.

Keeping Data Safe

GDPR takes this more seriously:

• CAN-SPAM focuses on email content and sender info.
• GDPR demands tight data security and user rights over their info.

Under GDPR, if a member asks for their data, you must provide it. CAN-SPAM doesn't require this.

Penalties for Breaking Rules

Breaking these laws can be costly:

Law	Max Fine
CAN-SPAM	$43,280 per email
GDPR	€20 million or 4% of global turnover

In 2019, Google got hit with a €50 million GDPR fine. That's way more than typical CAN-SPAM penalties.

The takeaway? GDPR hits harder, but both can seriously hurt your wallet if you're not careful.

How These Laws Change Fitness Email Marketing

CAN-SPAM and GDPR have shaken up email marketing for fitness businesses. Here's what's changed:

Getting and Managing Emails

Fitness businesses can't be sloppy with email collection anymore:

• You need clear permission to add someone to your list. No tricks.
• Many gyms now use double opt-in. Members sign up, then confirm. It's extra work, but it's worth it.
• Keep records of how and when members said "yes" to your emails. It could save you headaches later.

Writing and Sending Emails

New rules for what you send and how you send it:

What	CAN-SPAM Says	GDPR Says
Subject	Be honest	Be honest
From who?	Be clear	Be clear
What's inside	Promo OK	Need OK for marketing
How often	No rules	Meet expectations

Handling Unsubscribes

Both laws say: respect the "goodbye":

• Make it easy to leave your list. Don't hide the unsubscribe button.
• Act fast when someone wants out. CAN-SPAM gives you 10 days. GDPR says do it now.
• Keep it free and simple. No charges, no hassles.

These changes aren't just about following rules. They're about building trust. Respect your members' privacy and choices, and you'll build a stronger, more engaged email list.

sbb-itb-276a3c8

How Fitness Businesses Can Follow the Rules

Following email marketing laws isn't just about dodging fines. It's about building trust with your members. Here's how fitness businesses can stick to CAN-SPAM and GDPR rules:

Protect Your Data

1. Ask for Clear Consent

Don't assume. Be direct:

"Want workout tips and deals from [Your Gym]? Check this box!"

2. Keep Good Records

Note when and how people joined your list. It'll save you headaches later.

3. Clean Your List

Ditch inactive emails. It's not just smart - GDPR says you have to.

4. Use Secure Systems

Pick email tools with built-in compliance. Mailchimp and Constant Contact have your back.

Get Your Staff on Board

Your team needs to know the rules too. Why?

• They often grab emails from new members
• They might email clients about classes
• They're the face of your business

Train them right:

• Make it part of new hire training
• Do yearly refreshers
• Give them a simple email do's and don'ts list

Here's the kicker: One slip-up can cost you BIG. In 2020, Austrian Post got slapped with a €9 million fine for messing up data. Don't be that gym.

Quick Compliance Cheat Sheet:

Rule	CAN-SPAM	GDPR
Consent	Nice to have	Must have
Unsubscribe	Easy, honor in 10 days	Easy, honor ASAP
Data records	Not needed	Keep proof
Physical address	Put it in emails	Smart to include

Common Problems and Fixes

Marketing Goals vs Legal Rules

Fitness businesses often struggle to balance marketing goals with legal requirements. Here's how to tackle this:

1. Set clear, compliant goals

Align your marketing objectives with CAN-SPAM and GDPR rules. Instead of "grow your email list by any means", focus on "increasing opt-in subscribers through valuable content offers."

2. Use double opt-in

This ensures explicit consent, satisfying GDPR and your marketing needs. It might slow list growth but improves quality and engagement.

3. Segment your list

Tailor content to subscriber interests while respecting preferences. This boosts engagement and helps you stay compliant.

Segment	Content Ideas	Compliance Tip
New members	Welcome series, gym tour	Get consent during sign-up
Active users	Workout tips, class schedules	Regular preference updates
Lapsed members	Re-engagement offers	Check consent before sending

4. Leverage user-generated content

Encourage members to share their fitness journeys. This creates engaging content without aggressive marketing tactics that might violate regulations.

Keeping Up with New Rules

Email marketing laws change. Stay ahead with these strategies:

1. Subscribe to legal updates: Follow the ICO (UK) or FTC (US) for the latest on email regulations.

2. Regular compliance audits: Do quarterly reviews of your email practices.

3. Use compliant email tools: Choose platforms that automatically update to meet new regulations.

4. Train your team: Make compliance training ongoing. Quick monthly updates keep everyone informed.

5. Build flexibility into your strategy: Create email templates and processes that can easily adapt to new rules.

Tips for Legal Email Marketing

Be Open with Subscribers

Want your gym's emails to stay legal? Be transparent. Here's how:

1. Use your gym's name: Put "FitZone Gym" in the "From" field, not "info@".

2. No clickbait: Say what you mean. "20% Off New Memberships This Week" works.

3. Explain data use: Tell subscribers what you'll do with their info:

"We'll send you weekly workout tips and monthly schedules. We don't share your data."

4. Show your address: Put your gym's address in every email footer. It's the law and builds trust.

Check Your Work Often

Stay compliant with regular audits:

1. Quarterly checks: Every 3 months, review your email practices:

What to Check	CAN-SPAM Says	GDPR Says
Consent records	Not needed	Keep them
Unsubscribe link	Must have	Must have
Physical address	Must show	Not needed
Data use info	Not needed	Must show

2. Test unsubscribes: Try it yourself. Two clicks max.

3. Update lists: Remove unsubscribes fast (10 days for CAN-SPAM, 72 hours for GDPR).

4. Check consent: For GDPR, review how you get and store it. Double opt-in is best.

5. Watch metrics: Sudden changes in opens or unsubscribes? Check for compliance issues.

Zoe Aughinbaugh, Email Marketing Guru, puts it well:

"Consent is King. Get clear permission before sending emails. It's legal and boosts engagement."

Wrap-Up

Email marketing laws aren't just rules. They're tools to build trust with your gym members. Here's what you need to know:

CAN-SPAM vs GDPR: The Basics

Feature	CAN-SPAM (US)	GDPR (EU)
Consent	Not required	Explicit consent needed
Opt-out	Honor within 10 days	Honor immediately
Fines	Up to $50,120 per email	Up to €20 million or 4% of global turnover
Scope	US businesses	Any company targeting EU citizens

Why It Matters for Your Gym

1. Trust = Business: Most people trust law-abiding companies. Trust can lead to memberships.

2. Fines Are Real: Even small fines can hurt your gym.

3. Beyond Emails: These laws affect how you handle member data.

Quick Compliance Tips

• Use double opt-in for new subscribers
• Include your gym's address in every email
• Make unsubscribing easy
• Keep consent records (GDPR)
• Review your email practices regularly

Following these laws isn't just about avoiding fines. It's about respecting your members' privacy and building strong relationships.

Stay alert for CAN-SPAM changes as the FTC reviews it. Keep your team in the loop and your practices current.

FAQs

CAN-SPAM vs. GDPR: What's the Difference?

CAN-SPAM and GDPR take different approaches to email marketing:

Feature	CAN-SPAM	GDPR
Consent	Implied OK	Must be explicit
Opt-out	10 business days	Immediate
Who's affected	US businesses	Anyone targeting EU citizens
Fines	Up to $50,120 per email	Up to €20 million or 4% of global turnover

CAN-SPAM is more lenient, while GDPR demands explicit consent for marketing emails to EU residents.

Email Marketing: What's Legal?

For CAN-SPAM:

1. Use honest headers
2. Don't trick with subject lines
3. Label ads as ads
4. Include your address
5. Make opting out easy
6. Honor opt-outs within 10 days
7. Watch what others do for you

For GDPR:

1. Get clear consent first
2. Keep consent records
3. Make opting out simple
4. Honor opt-outs right away
5. Guard personal data
6. Link to your privacy policy

Fitness businesses: Follow both to stay on the right side of international email laws.

Related posts

• 6 Best Time Tracking Apps for Fitness Centers 2024