- Implied Consent Still Applies, But Only in Limited Circumstances: Implied consent is only applicable in certain scenarios, such as: if the marketer is sending an email as a result of an existing business or non-business relationship; if consumers willingly publish personal information, including email addresses or phone numbers, online without specifying they have opted out of CEM correspondence; if consumers share their contact information with the sender and don't explicitly opt-out of receiving CEMs.
The types of messages that are safe to send with implied consent include a quote or estimate for the cost of a product, good or service; or other information that was specifically requested by the consumer. If correspondence is part of an existing commercial transaction; provides warranty, recall or safety information about a product the consumer has used or purchased; or offers factual information about an ongoing membership, subscription, account or loan, then the message is safe to send with implied consent. Messages regarding employment information or benefits plans are also covered under implied consent.
After six months, implied consent is no longer valid if the consumer has not become a client. If consumers are existing clients but haven't purchased, subscribed or renewed their accounts for two years, implied consent will also become invalid.
If you are sending electronic messages in any form (e.g. email, text, SMS, sound, voice or image) to or from Canada and are engaged in commercial activities, including nonprofit organizations, you are required to adhere to the new CASL regulations or face hefty fines.
Now that you have a clear understanding of the new email consent requirements under CASL, you should have a better idea of which, if any, changes you need to make before July 2014 to comply with the new regulations. It's also beneficial to consult with your Email Service Provider (ESP) and legal counsel to ensure your email marketing program meets the key compliance requirements. This will prevent costly fines and interruptions in your marketing outreach programs.