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Implied vs. Express consent

Moderator

Implied vs. Express consent

With the recent introduction of CASL (Canadian Anti-Spam Laws) we’ve heard some confusion about the words “Implied” and “Express" in reference to how email addresses are collected.

 

Need a reminder about CASL? Check out this FAQ.

 

Express Consent

This type of permission is given when you explicitly ask your potential contacts for permission to send them an email, and they agree. You’ll need to use clear language when you ask  and you will need to include the following information about who you are:

  •          Your name (Or name of the business)
  •          Company name
  •          Company Address
  •          Company Website
  •          Company phone number
  •          Company postal address

 

The customer will also need to know if a company like Constant Contact will be sending the emails on your behalf. Be sure to inform them that unsubscribing at any time is an option.

 

Implied Consent

This type of permission takes place when the conditions of express permission have not been met but a previous relationship exists. Some examples of this type of permission include:

 
Existing relationship where the recipient has:

  • Bought a product, good, or service in the past two years
  • Been involved in an investment or opportunity with the customer in the past two years
  • Entered into a written or electronic contract with the customer within the past two years.

Existing non-business relationship where the recipient has:

  • Made a donation or gift to a registered charity in the past two years
  • Volunteers with the charity or political organization within the past two years
  • Been a member of an organizations club or not-for-profit organization within the last two years.

You can’t keep contacts who have only given you implied consent forever. This type of consent expires after a period of time and needs to be converted into express consent.

 
To stay compliant with CASL regulations:

  • For contacts captured BEFORE July 1, 2014: On July 1, 2017 (three years after law goes into effect)
  • For contacts captured AFTER July 1, 2014: Two years after they were initially collected. This applies only if the contact doesn't buy      something new or doesn't renew their subscription, loan, account, or contract.

 

Hannah M.
Community and Social Media Support

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