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CASL Podcast Episode 5 – How do I gain implied consent?
A lawyer was consulted in the preparation of this material but it is only provided for
educational purposes and not to be taken as legal advice. To be certain about your
situation, consult a lawyer.
Hello there, I’m Andrew Schiestel of tbk Creative.
tbk Creative is a marketing company that works with medium sized organizations, helping them solve
complex web design and digital marketing challenges, allowing them to grow their brand value and
revenue as a result.
Are you a marketer, an executive or a CEO watching this video right now and looking to fully comply with
the Canadian Anti-Spam Law and while doing so optimize your marketing results if you answered yes to
those questions, you’ve come to the right place. I’m going to explain why.
Recently, tbk Creative launched The CASL Podcast here I take the Canadian Anti-Spam Law and I break it
down into these little digestible and actionable subparts so that companies like yours, can comply with the
legislation.
In our last episode, which was number 4, I covered how you can gain express consent.
In this episode, number 5, I’m going to cover step by step how you can gain implied consent.
-Okay, so let’s begin.
Alright, first and foremost, implied consent is extremely important and value for us marketers because if you
have it, you may send that particular recipient a commercial electronic messages, short for CEM.
In terms of a private sector context, there are only three ways to gain implied consent:
1.
First, you have an existing business relationship
2.
Second, the person publicly discloses their email address
3.
Or third, the person privately discloses their email address to you
I want to note something incase you’re a not-for-profit, you’ll also want to consider what’s called the existing
non-business relationship rules. That’s another way you can gain implied consent, if your not-for-profit. But
for this episode, I’m going to keep it focused on the private sector, I just wanted to note that though.
Alright, so let’s cover the three ways in which a business can gain implied consent.
First, an existing business relationship and there are two popular ways you can have an existing business
relationship, you have an existing business relationship if you have someone who has purchased your
product within two (2) years or, the second way, is a lead so somebody who has inquired about your goods
or services within the last six (6) months. So either of those two categories, that’s implied consent, and you
can send them commercial electronic messages.
© 2014, Tagged By Kindness Inc. o/a tbk Creative. All rights reserved.
The second way to get implied consent is if someone has publicly disclosed their email address, for example
on a website, and they don’t make a statement decrying someone from sending them CEMs and the CEM
you send them is quote unqoute “relevant to the person’s business, role, functions or duties in a business or
official capacity.”
Okay, the third way to gain implied consent is if someone has privately disclosed their email address to
you, for example, they’ve handed you a business card at an event, and again they don’t make a statement,
decrying you in this case of sending them CEMs and the CEM you send them is quote unquote again
“relevant to the person’s business, role, functions or duties in a business or official capacity.”
The best thing about those last two rules, somebody publically disclosing their email address, or someone
disclosing their email address to you. Is there is no expiry date on the CEMs you send them. You still have
to follow though other rules such as having an unsubscribe mechanism etc. We’re going to cover that in a
future episode.
Alright, that concludes our episode today and answers the question, ‘How do I gain implied consent?’
On upcoming episodes, I’m going to keep drilling down on CASL scenarios for you. I’m going to cover things
like:
•
What are the major exemptions under CASL that let you send CEMs?
•
What components must be in your CEMs? Such as an unsubscribe mechanism amongst other things .
•
What record keeping should you do for people you have consent with?
•
The different ways you can create unsubscribe mechanisms in your CEMs, because there are different
ways you can do it.
•
And we’re going to cover many more important scenarios that you’re going to be able to relate as a
marketer, an executive or a CEO.
In the meantime, if you wish to expedite your knowledge on CASL and operate inside the rules faster. tbk
Creative has produced an e-guide for you, titled The 33-Point Checklist to help Marketers & CEOs Comply
with the Canadian Anti-Spam Law (CASL). To download this free e-guide, you may visit www.tbkCreative.
com/eguide/CASL. Enjoy the read.
I’m Andrew Schiestel from tbk Creative. Good luck with your CASL compliance and in growing your
company.
© 2014, Tagged By Kindness Inc. o/a tbk Creative. All rights reserved.