The Canadian Radio-television and Telecommunications Commission (CRTC) recently published a new guidance on Implied Consent under Canada’s Anti-Spam Legislation (CASL) entitled “From Canada’s Anti-Spam Legislation (CASL) Guidance on Implied Consent” (the “Guidance”). The Guidance will be helpful for charities in understanding when there may be implied consent if the charity does not have express consent and is sending a commercial electronic message.
The Guidance address the following questions:
What's the difference between express and implied consent?
What if the recipient asks to stop receiving CEMs?
What happens to consent if my business is sold?
What is an existing business relationship (EBR)?
Examples of how an existing business relationship can or cannot be used as implied consent.
What is an existing non-business relationship?
Does an existing business or non-business relationship have to be created before July 1st, 2014 or can it be created at any time between July 1st, 2014 and July 1st, 2017 for the transitional period to apply?
Can I send CEMs to an email address I find online?
Examples of whether your CEM content is related to a recipient's business, role, functions or duties in a business or official capacity?
How can I prove I have consent?
What records should I be keeping?
So I have implied or express consent, what now?
With respect to registered charities, the Guidance states that an existing non-business relationship may exist if a
“… recipient made a donation or gift to you within the two-year period immediately before the day on which the message was sent” or … recipient performed volunteer work for you or attended a meeting organized by yourself within the two-year period immediately before the day on which the message was sent.”
If you are a club, association or voluntary organization, an existing non-business relationship may exist if the recipient is a member.
The full text of the Guidance can be found here.
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.