As you know CASL is quickly approaching. The legislation is complex and it can feel a bit overwhelming. We wanted to provide some clarification on the different types of consent you may have under CASL. An email sender is required to have one of the following levels of consent prior to sending out a commercial electronic message (CEM):
Implied consent is for recipients for which you have an Existing Business relationship, an Existing Non Business relationship or for recipients’ email addresses which were conspicuously published or sent to you.
- Existing Business Relationship
– This covers recipients who have “made, or enquired about, a purchase or lease of goods, services, land or interest in land, a written contract or the acceptance of a business, investment or gaming opportunity from you.” – CRTC
- Existing Non Business Relationship
– This covers registered charities, political parties, clubs, associations and voluntary organizations. Recipients may have provided their address through a gift, donation, volunteer work, or membership.
- Recipient’s e-mail address was conspicuously published or sent to you.
– This pertains to addresses which were disclosed without any restrictions and the CEM relates to the recipients functions or activities in some sort of business or official capacity.
Express consent covers recipients who have given a positive or explicit indication of consent, in writing or orally, to receive commercial electronic messages. The sender’s request for consent must clearly state intentions for future communications.
Record Keeping and Time Limits:
With both implied and express consent, the onus falls on the sender to keep record of how and when the consent was obtained. Express consent is valid until the recipient withdraws consent. Implied consent is valid for a period of 2 years after the event that starts the relationship (e.g. purchase of a good).
Remember, CASL goes live July 1st! If you have any questions, feel free to contact us.
The CRTC has released a handy printable infographic which outlines the information above. Download it here.
For the CMA Guide to CASL, click here.
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