CASL – the new Canadian anti-spam act – comes into force July 1. It contains extensive, complex provisions that apply to the sending of any email that has a hint of a commercial purpose (a “CEM”). In the short term it may increase the amount of email we get. We have all received emails from mail lists we are on asking us to confirm our consent. But there is another reason we may get more. The reason goes like this:
CASL requires express or implied consent from the recipient before a CEM can be sent.
The act contains a transitional provision that gives up to 3 years to get express consent. (The section is below.) To take advantage of that, there must be a current or prior business or non-business relationship with the recipient AND that relationship must include communication of CEM.
Couple that with the fact that after July 1 you can’t send an email to request consent (unless there is implied consent).
So to pull as many email addresses as possible into the transition provision, maximize express consents, and give the longest possible time to obtain them, the tactic is …?
Before July 1, pull together every email address you can get from every person that you can fit into the business or non-business relationship category, and send CEM to them.
The transition section:
66. A person’s consent to receiving commercial electronic messages from another person is implied until the person gives notification that they no longer consent to receiving such messages from that other person or until three years after the day on which section 6 comes into force, whichever is earlier, if, when that section comes into force,
(a) those persons have an existing business relationship or an existing non-business relationship, as defined in subsection 10(10) or (13), respectively, without regard to the period mentioned in that subsection; and
(b) the relationship includes the communication between them of commercial electronic messages.