The Email Compliance Checklist: GDPR, SOC 2, and Why They Matter for Sales

Email marketing can spark genuine conversations and long-term customer relationships. But for that to happen, trust needs to be front and center. That trust starts with how you handle data.

Whether you're a sales rep reaching out to new prospects or a marketer sending out your latest campaign, compliance must be a part of building a credible brand. Regulations like GDPR and SOC 2 exist to protect user data and keep communication fair, secure, and transparent.

Here’s a straightforward guide to the most important compliance standards you should know, why they matter, and how Outplay helps you stay aligned with them.

1. General Data Protection Regulation (GDPR)

What it is:
GDPR is a privacy regulation introduced in the European Union in 2018. It governs how businesses collect, store, and use personal data from EU citizens.

Why it matters:
Even if your business isn’t based in the EU, GDPR still applies if you're contacting someone who lives there. You need clear consent to email them, a valid reason to store their data, and a way to delete their records if requested.

Compliance missteps that made headlines:

In 2021, Amazon faced a $877 million fine for violating GDPR. The issue? Lack of proper consent for processing personal data for advertising. That one misstep turned into a PR crisis and a huge financial penalty.

How Outplay helps:

• Includes unsubscribe links in every email
   
• Lets you collect and store consent-based data
   
• Supports data deletion requests directly from your dashboard
   
• Keeps activity logs for audit clarity

2. SOC 2 (System and Organization Controls 2)

What it is:
SOC 2 is a voluntary security standard developed by the American Institute of CPAs. It ensures that SaaS platforms handling customer data follow strict security, availability, and privacy protocols.

Why it matters:
If you're using a sales platform to manage outreach, prospect lists, and communication data, you’re trusting that tool with sensitive information. SOC 2 ensures that data is encrypted, access is restricted, and systems are regularly monitored for risks.

Compliance missteps that made headlines:
In 2020, Mailfire, an eCommerce automation platform, experienced a security lapse that exposed user data, including email addresses and messages. The breach highlighted more than just a technical flaw; it triggered a loss of user trust, leading to client churn and a damaged reputation.

How Outplay helps:

• Is SOC 2 Type II certified
   
• Encrypts all stored and transmitted data
   
• Provides access control so only the right people see the right data
   
• Monitors for unusual activity with real-time alerts

3. CAN-SPAM Act (for outreach in the U.S.)

What it is:
The CAN-SPAM Act is a U.S. law that regulates commercial emails. Unlike GDPR, it doesn’t require consent before sending, but it does set clear rules about how and what you can send.

Why it matters:
CAN-SPAM requires transparency. Emails must clearly identify who is sending the message, offer an opt-out option, and avoid misleading subject lines.

Compliance missteps that made headlines:
In 2017, Uber was fined $20 million after the FTC ruled that their promotional emails contained false earnings claims. The fine wasn't just about the content—it was about accountability.

How Outplay helps:

• Adds your company’s contact details to every email footer
• Automatically includes an opt-out link
• Flags potentially deceptive subject lines
• Helps you track and honor unsubscribes instantly

4. CASL (Canada’s Anti-Spam Legislation)

What it is:
CASL is Canada’s federal anti-spam law. It is stricter than CAN-SPAM and requires businesses to get express consent before sending commercial electronic messages.

Why it matters:
Even a single unsolicited email to a Canadian contact can count as a violation. CASL also demands that you prove how and when a person gave you consent.

Compliance missteps that made headlines:
In 2015, Plenty of Fish, a Canadian dating site, was fined $48,000 for sending emails without a clear unsubscribe option. This small oversight turned into a significant lesson in CASL enforcement.

How Outplay helps:

• Helps you segment and tag leads by region
   
• Allows CASL-compliant sequences that ask for consent
   
• Stores consent logs for accountability
   
• Keeps opt-outs accessible across campaigns

5. California Consumer Privacy Act (CCPA)

What it is:
CCPA gives California residents more control over how businesses collect and use their personal data. While it’s similar to GDPR, it’s tailored to U.S. residents.

Why it matters:
CCPA applies if you do business in California and meet certain revenue or data-processing thresholds. Consumers have the right to see what data you hold, ask for it to be deleted, and opt out of its sale.

Compliance missteps that made headlines:
 In 2020, Zoom was investigated for failing to protect personal data and not clearly informing users about third-party data sharing. The company’s users lost their confidence in the brand, which led to a sharp decline in usage and credibility.

How Outplay helps:

• Includes CCPA-compliant opt-out links in email templates
   
• Supports “Do Not Sell My Info” notices
   
• Offers tools to export or delete contact data
   
• Helps create transparent privacy policies through templates

Best Practices for Keeping Track of Data Consent

Even with the right tools in place, maintaining proper records of consent requires intention. Collecting permission is just the starting point. What truly matters is keeping that consent visible, verifiable, and aligned with how your outreach evolves.

Here are some best practices to help you manage consent efficiently:

1. Use double opt-in whenever possible
After a user submits their information, send a confirmation email asking them to verify their interest. This creates a digital paper trail and reduces the risk of unintentional subscriptions.

2. Timestamp every consent
Log the exact time, date, and method used to collect consent. This information should be accessible in case of audits or user inquiries.

3. Store consent with context
Note what the user consented to. Was it a newsletter? Sales outreach? Product updates? A general opt-in form isn’t enough—specificity matters under regulations like GDPR and CASL.

4. Centralize consent data
Instead of scattering records across spreadsheets or email tools, use a CRM or outreach platform that consolidates contact preferences, regions, and consent history in one place.

5. Update consent when usage changes
If you're planning to use data for a new purpose, inform your contacts and get fresh consent. For example, if someone opted in for a whitepaper, you shouldn’t automatically enroll them in sales emails without asking first.

6. Make opting out easy—and track it
Every email should have a visible unsubscribe link. When someone opts out, their preferences should be updated instantly across all campaigns, not just one.

7. Audit your lists regularly
Review your contact lists every few months. Remove contacts without proper consent logs and validate that your segmentation matches regional compliance laws.

8. Train your team
Make sure your SDRs, marketers, and customer-facing staff understand what consent looks like, when it’s required, and how to record it properly.

Why Compliance Shouldn’t Be an Afterthought

Compliance transcends legal obligation. It's a mark of respect and integrity toward your prospects and customers.

Here’s what it helps you achieve:

• Stronger email deliverability: ISPs and spam filters favor compliant senders.
   
• Better engagement: When people know they can opt out or manage their preferences, they’re more likely to trust and respond.
   
• Scalability with confidence: You can grow your outreach without worrying about legal setbacks.
   
• Positive brand perception: Companies that take privacy seriously win customer loyalty.

How Outplay Makes Compliance Easy

Whether you’re running cold email campaigns or nurturing leads through multi-step cadences, Outplay keeps compliance simple. Here’s how:

• SOC 2 certified for enterprise-level data security
   
• GDPR-ready forms, opt-outs, and data controls
   
• CAN-SPAM, CASL, and CCPA-specific safeguards
   
• Regional automation to apply the right rules to the right leads
   
• Spam scoring and subject line validation for deliverability
   
• Secure storage, audit logs, and team-wide permission settings
   

With Outplay, you don’t need to worry about the legal fine print, we’ve got the foundations in place so you can focus on building conversations that convert.

Ready to see how Outplay keeps your outreach both effective and compliant?
 Start your free trial or book a quick demo with our team.