The fear of breaking email marketing rules in Canada is of the main reasons our clients seek guidance with their email marketing campaigns. We do not believe that CASL will stop email marketing in Canada, and we ensure that our clients comply with the legislation.
Companies need to obtain one of two types of consent, implied consent or express consent, from a contact or client before they email them. Failure to do so can result in legal consequences.
Implied consent can occur in one of three ways:
An individual has made, or asked about, a purchase or lease of goods, services, land, a written contract accepting business, an investment or a gaming opportunity from you.
You are a registered charity, political party (or candidate) and the recipient has given you a gift, donation or volunteer work or you are a club, association or voluntary organization and the recipient is one of your members.
The recipient’s email address was given to you without any restrictions and your message relates to their functions or activities in a business/official capacity.
Generally, implied consent is valid for two years.
Express consent is less complicated than implied consent. Consent does not expire unless the recipient withdraws his or her consent. Express consent occurs when the recipient provides a positive or explicit indication of consent to receive commercial electronic messages, such as on “opt in” email message. Your request for consent set out clearly and simply the prescribed information.
For more information about Email Marketing Services call us at (647) 556-6071 for guidance.