Concept explainersUpdated 5/13/2026
Cold email vs spam: the legal + ethical difference
Cold email is legal in most jurisdictions for B2B purposes. Spam is not. The line is real and the rules are practical, not just academic.
US: CAN-SPAM
B2B cold email is legal if: (1) accurate sender name, (2) accurate subject line, (3) physical address in footer, (4) easy unsubscribe honoured within 10 business days. No prior consent required.
EU: GDPR + ePrivacy
B2B contact data can be processed under legitimate interest. Personal email addresses to consumers require opt-in. Always include unsubscribe + honour immediately.
Canada: CASL
Strictest of the three. Requires implied or express consent. B2B "existing business relationship" exemption applies for 24 months after last business interaction.
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