CASL Myth # 3 – I need to get “expressed” consent from everyone in my database.
No. Consent has already been given to you if
1. They have conducted business with you for the past 2 years.
2. They are not a client of yours but you have been communicating with them for the past 6 months and they have not requested removal.
3. They have a personal or family relationship with you.
The law states under Section 6, “Unsolicited electronic messages
6. (1) It is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message (we are talking just CEM’s here) unless
(a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied.”
Note the words “express or implied”. Imagine someone has given you their business card. On their card, they have their email address.
When meeting people in person, and they hand you a business card, “you may have their implied consent to send them CEMs, as long as:
- the message relates to the recipient’s role, functions or duties in an official or business capacity; and
- the recipient has not made a statement when handing you the business card that they do not wish to receive promotional or marketing messages (CEMs) at that address.”
Remember, that whether you have expressed or implied consent, that you still need an unsubscribe mechanism in your CEMs. More on that in Myth #4
Source: http://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html#h-3 & http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00050.html
We hosted a complimentary Open Forum Webinar June 19th for our clients. We shared information about the law that affects the marketing and sales strategies for business. Since then, there seems still be a lot of questions around the issue.
If you would like a copy of the webinar or ebook, email me.
