CASL kicks in on July 1st, we first wrote about it here.
We are still of the opinion that for many internet based businesses who are already following standard best practices for running their email lists, this isn’t that much of a big deal. (There are dissenting opinions on this, see this article)
When trying to decide if your organization is compliant, or requires to ask your mailing list for a fresh confirmation (opt-in) in order to keep emailing them, these are the key factors to weigh:
- Implicit Consent: Applies for the transition period of CASL (3 years) if there exists a “pre-existing business relationship”. A pre-existing business relationship exists if the party has purchased a product or service from you in the two years prior to your emailing them. In other words: if you are emailing your customers (people who have purchased from you in the last 2 years), you have implicit consent and you do not need to ask them for a fresh opt-in (which is why easyDNS isn’t emailing our customers asking them to opt-in again)
- Explicit Consent: Applies if the list member has in the past explicitly opted-in to your mailing list. You need not re-confirm these recipients and explicit consent applies until revoked.
- New Opt-In Is Required: If you are emailing people in your database who have:
- Not purchased from you in the prior two years, and
- Never explicitly opted-in to your mailings
…then you require a new, fresh explicit opt-in, and it must be opt-in. (I’m getting some emails, from people I’ve never opted-into in the first place saying “click if you wish to unsubscribe” – this is wrong and non-compliant.)
- Canadians only: This only affects your Canadian customers.
So far I have only received one (1) valid CASL confirmation request, from our pals over on the Tucows Investor relations list, every single other instance of a CASL confirmation request I have received has been from people who added me to their mailing lists without my permission in the first place, making them one and all SPAMMERS.
(I am waiting to see if they all stop emailing me after the 1st when I don’t re-up my non-existent consent).