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Glossary

Marketing email

A message sent to an audience rather than in response to an action, and the obligations that come with it

A marketing email is sent to an audience because you decided to send it — a newsletter, an announcement, an offer, a re-engagement message. Nobody triggered it by doing anything, which is what separates it from a transactional email.

That difference brings three obligations, everywhere in the world with an email law worth the name:

  • Consent. The recipient must have agreed to hear from you. Purchased, rented and scraped lists do not clear this bar and are also the fastest route to a ruined sender reputation.
  • A working unsubscribe, honoured promptly and without conditions. See List-Unsubscribe.
  • An identifiable sender, including a real postal address in most regimes.

The specific statutes differ — CAN-SPAM in the United States, CASL in Canada, the GDPR and ePrivacy rules in the EU and UK — but no regime lets you skip any of the three.

The grey area

The exemption for transactional mail is narrower than most people assume. A receipt with a promotion on it is marketing. A "your trial is ending" notice is usually transactional; the same notice with three upsells is not. If the message would still be sent when the commercial part was removed, it is transactional.

In Sendly

Marketing goes out as a campaign or through a workflow, usually to a segment or a list. Unsubscribe headers are attached, and an unsubscribe stops every marketing send to that address, every topic it was subscribed to included. It leaves transactional mail alone.

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