Better Sharing Other Privacy Laws
How GDPR, PECR, CASL, CAN-SPAM, and CCPA Differ—And Where They Align
Until now, we’ve primarily focused on GDPR. But privacy and marketing laws vary widely around the world, creating a complex regulatory landscape for platforms that handle contact data.
If your platform processes user contacts—for matching, inviting, referrals, or friend-finding—you’ll likely need to comply with multiple overlapping legal regimes. Each jurisdiction has its own requirements, and what’s compliant in one region may violate the law in another.
Privacy compliance isn’t just “EU” compliance anymore. It’s a global, multi-standard discipline that requires a comprehensive understanding of various regulatory frameworks.
This article compares major privacy laws—GDPR, PECR, CASL, CAN-SPAM, and CCPA/CPRA—to help you design a contact-powered experience that’s legally safe everywhere you operate. By understanding where these laws align and where they differ, you can build features that respect privacy while remaining compliant across jurisdictions.
Building On Earlier Principles
This article is part of:
How to Handle Contacts Without Breaking Privacy Laws
Supporting reads:
- Lawful Groundwork – Choosing lawful bases across jurisdictions
- Your App, Their Data – Managing platform responsibility
- Post-Send Obligations – After sending an invite or matching a friend
Quick Overview: Global Privacy Laws Impacting Contact Features
Before diving into the details, here’s a high-level overview of the major privacy laws that affect how you can implement contact-powered features:
| Law | Jurisdiction | Primary Focus | Key Impact on Contact Features |
|---|---|---|---|
| GDPR (EU/UK) | European Union, United Kingdom | Data protection + lawful basis + data subject rights | Requires lawful basis for processing contacts; grants contacts rights over their data |
| PECR (EU/UK) | European Union, United Kingdom | Electronic marketing consent requirements | Requires prior opt-in for marketing communications, including invitations |
| CASL (Canada) | Canada | Strict rules for commercial electronic messages | Requires express consent with limited exceptions for personal relationships |
| CAN-SPAM (USA) | United States (federal) | Transparency and opt-out for commercial emails | Focuses on honest headers, opt-out mechanisms, and sender identification |
| CCPA/CPRA (California) | California, USA | Data sharing disclosure + opt-out + incentive notice | Treats contact sharing as “selling” or “sharing” data; requires notices and opt-outs |
While these laws have different scopes and requirements, they share common principles around transparency, user control, and respect for individual privacy rights. Understanding these commonalities can help you design features that work across jurisdictions.
GDPR (EU) and UK GDPR
The General Data Protection Regulation (GDPR) is often considered the gold standard for privacy protection. It applies to organizations that process the personal data of individuals in the EU/UK, regardless of where the organization is based.
For contact-powered features, GDPR has several key requirements:
| Topic | Requirement | Practical Implementation |
|---|---|---|
| Lawful Basis | Must have consent or legitimate interest before processing contacts | Implement proper consent flows or document legitimate interest assessment |
| Marketing Invites | Treated as direct marketing—requires prior opt-in under ePrivacy/PECR | Get explicit consent before sending invitations |
| Transparency | Users and recipients must be informed about data processing | Provide clear privacy notices at collection points and in communications |
| Rights | Access, deletion, objection, portability for data subjects | Create mechanisms for non-users to exercise their rights |
| Data Minimization | Only collect what’s necessary for the stated purpose | Limit contact fields to what’s needed (e.g., email only) |
| Storage Limitation | Don’t keep data longer than necessary | Implement automatic deletion for unmatched contacts |
Example Implementation:
- For matching contacts: Obtain consent or document legitimate interest, with clear notice.
- For sending invites: Obtain explicit consent before sending any communications.
- For both: Implement mechanisms for data subjects to exercise their rights.
The GDPR’s requirements are comprehensive and often set the baseline for global compliance strategies. By designing for GDPR compliance, you’ll often satisfy the core requirements of other privacy laws as well.
For more detailed guidance on implementing proper consent mechanisms, see: The Consent Playbook
PECR (Privacy and Electronic Communications Regulations)
While GDPR covers general data protection principles, PECR (and the ePrivacy Directive it implements) focuses specifically on electronic communications. This is particularly relevant for contact-powered features that involve sending messages.
Key PECR requirements for contact features:
- Specific to electronic marketing (e.g., email, SMS, push notifications)
- Requires prior opt-in consent for promotional invites, even if triggered by users
- Exceptions are narrow (“soft opt-in” rarely applies to third-party contact invites)
- Consent must be specific, informed, and freely given
- Must provide clear identification of the sender
- Must include an easy way to opt out of future communications
PECR works alongside GDPR in the EU/UK, creating a dual layer of protection. While GDPR might allow legitimate interest for some contact processing, PECR typically requires consent for sending electronic communications.
Important Note: If you’re sending invites from your platform to non-users, you should get consent first. The fact that a user initiated the invite doesn’t exempt you from this requirement.
CASL (Canada’s Anti-Spam Law)
Canada’s Anti-Spam Legislation (CASL) is one of the strictest laws governing electronic messages. It applies to commercial electronic messages (CEMs) sent to or from Canadian electronic addresses.
Key CASL requirements for contact features:
| Rule | Detail | Implementation Guidance |
|---|---|---|
| Consent | Express consent required for commercial messages | Get explicit permission before sending messages |
| “Tell-a-friend” | One-time message allowed if the sender and recipient have a personal relationship | Ensure the user has a genuine relationship with the contact |
| Disclosure | Must identify sender, include contact info, and provide unsubscribe option | Include clear sender information and unsubscribe mechanism in all messages |
| Unsubscribe | Must honor opt-out requests within 10 business days | Implement immediate processing of unsubscribe requests |
| Record-keeping | Must maintain records of consent | Document when and how consent was obtained |
Important Warning: Offering rewards for inviting friends invalidates the tell-a-friend exemption. If your platform provides incentives for referrals, you’ll need express consent from the recipients before sending messages.
CASL’s penalties can be severe (up to $10 million CAD for organizations), making compliance particularly important for platforms operating in Canada.
For more information on the distinction between personal connections and marketing targets, see: Friends Aren’t Leads
CAN-SPAM Act (United States)
The CAN-SPAM Act is the primary federal law governing commercial email in the United States. It’s generally less strict than GDPR or CASL, but still imposes important requirements on contact-powered features.
Key CAN-SPAM requirements for contact features:
| Rule | Detail | Implementation Guidance |
|---|---|---|
| Consent | Not required before sending one-time commercial emails | While not legally required, obtaining consent is still a best practice |
| Disclosure | Must clearly identify sender and include postal address | Include accurate “From” lines and physical address in footer |
| Header Information | Must use accurate header information and subject lines | Don’t use deceptive subject lines or sender information |
| Opt-Out | Recipients must be able to unsubscribe easily | Provide a clear, conspicuous unsubscribe mechanism |
| Follow-up | Cannot email opted-out recipients again | Maintain suppression lists to prevent messaging after opt-out |
| Processing Time | Must honor opt-out requests within 10 business days | Implement systems to process opt-outs promptly |
While CAN-SPAM is more permissive than other privacy laws, relying solely on CAN-SPAM compliance is risky for global platforms. Many users now expect higher privacy standards, and other jurisdictions where your users may be located have stricter requirements.
Best practice: Design for global opt-in standards, not just US compliance. This approach builds trust and ensures compliance across jurisdictions.
CCPA/CPRA (California)
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), provides California residents with specific rights regarding their personal information. While it doesn’t focus specifically on electronic communications like CASL or CAN-SPAM, it has important implications for contact-powered features.
Key CCPA/CPRA requirements for contact features:
| Rule | Detail | Implementation Guidance |
|---|---|---|
| Sharing | Collecting contacts for invites counts as “sharing personal information” | Disclose this sharing in your privacy policy |
| Disclosure | Must disclose collection and usage in your Privacy Policy | Be specific about how contact data is used |
| Opt-Out | Allow consumers to opt out of data sharing | Implement mechanisms for California residents to opt out |
| Financial Incentives | If you offer referral rewards, you must issue a “Notice of Financial Incentive” (source) | Provide clear notice explaining the terms of incentive programs |
| Data Subject Rights | Right to know, delete, correct, and limit use of personal information | Create processes to handle these requests |
| Service Providers | Contracts required when sharing data with service providers | Ensure proper contractual terms with vendors |
Important Note: If your referral or friend-finding program involves a reward or incentive, CPRA Notice of Financial Incentive obligations apply. This notice must explain the material terms of the incentive program, including the categories of personal information involved.
As California’s privacy law continues to evolve, it’s becoming increasingly important for platforms that handle contact data, especially those with users in California.
Practical Takeaways for Global Compliance
Despite their differences, these privacy laws share common principles that can guide the development of compliant contact-powered features. Here are practical strategies that work across jurisdictions:
| Feature | Best Practice | Global Rationale |
|---|---|---|
| Contact matching | Obtain consent or document legitimate interest, disclosed transparently | Satisfies GDPR requirements while building trust across all regions |
| Invitations | Get prior consent (especially for EU, Canada) | Meets the strictest requirements (CASL, PECR) while respecting user expectations |
| Messaging content | Identify sender, state purpose, include opt-out | Required by CAN-SPAM and good practice everywhere |
| Data retention | Minimize and purge unmatched contact data quickly | Aligns with GDPR data minimization and reduces risk globally |
| Financial incentives | Provide proper notice if rewarding invites or referrals | Required by CPRA and builds transparency |
| Non-user rights | Create mechanisms for non-users to exercise privacy rights | Required by GDPR and increasingly expected globally |
By implementing these practices, you can create contact features that respect privacy while remaining compliant across different jurisdictions.
For more information on data minimization strategies, see: Minimize Contact Exposure
Summary: Think Global, Build Respectfully
When designing contact-powered features for a global audience, consider the requirements of each major privacy regime:
| Region | Safe Strategy | Key Considerations |
|---|---|---|
| EU / UK | Consent first, transparency always | Focus on lawful basis, data minimization, and data subject rights |
| Canada | Express consent, careful one-time messaging rules | Be particularly cautious with commercial messages and incentivized referrals |
| USA | Disclosure + easy opt-outs | Ensure accurate headers and working unsubscribe mechanisms |
| California (CPRA) | Transparency + opt-outs + Notice of Incentive if needed | Pay special attention to sharing disclosures and financial incentive notices |
Build for the strictest rules, and you’ll stay compliant everywhere. This approach not only reduces legal risk but also builds trust with users who increasingly expect strong privacy protections.
Remember these fundamental principles:
- Contacts are people with privacy rights, not just marketing prospects
- One-time invites still need careful handling and clear opt-out mechanisms
- “Silent matching” of contacts is still regulated data processing
- Transparency builds trust, which drives sustainable growth
By designing contact features with privacy at their core, you can build a trust-first network that respects individual rights while still enabling meaningful connections.
Up Next
To close the series, we’ll show you how to design growth strategies that respect privacy—and still outperform aggressive, non-compliant competitors.
Read Avoiding the Referral Trap
Or revisit lawful data sharing fundamentals:
Lawful Groundwork