The CAN-SPAM is a federal law in the United States that is enforced by the Federal Trade Commission. ePrivacy Directive is a similar law that was passed by the European Union. Both of them protect recipients from receiving unwanted commercial messages, whether through email, text, or any other form of electronic communication. However, there is one key difference that sets them apart.
Under the European Union’s ePrivacy Directive, people can only receive messages if they have previously opted in. Consent must be granted, the recipient must be informed how their data will be used, and they must be offered a way to unsubscribe at any moment.
In the United States, the CAN-SPAM Act requires business entities to offer recipients a way to opt out and must promptly honor their request to do so. However, unlike the ePrivacy Directive, they are allowed to send email messages without prior permission.