Differentiate Explicit and Implied Consents

There are 2 different types of consents in Dialog Insight:

Explicit or express consent (AKA opt-ins or subscriptions)

Express type of consent is when a recipient performs an act to signify his or her interest in receiving the content (e.g., subscription, registration, request, etc.). This consent is generally obtained using a form which states, in clear and simple terms, why the consent is being sought. For example, you can ask people if they would like to receive not only your offers, newsletters or publications, but also those of your partners, which may open up new business opportunities. A request for consent must also include the name under which the person seeking consent carries on business, the mailing address and either the phone number, email address or website address of the person and a statement that the person from whom consent is sought may withdraw consent.

Requests for consent should not be included as part of a sales or usage agreement. A consumer must be able to complete a transaction and refuse to subscribe to commercial messages. The person whose consent is being sought must check a specific box for each distinct subscription.

Activation boxes are the simplest way of asking consent to send CEMs but certain rules have to be respected while using them. Pre-checked boxes that presume consent and that request an action to indicate non-consent are not permitted.

Implied consent (Canada only)

In some cases, it is assumed that people have given you their consent without your having asked them. Implied type of consent includes the following:

  • People with whom you have an existing business relationship (e.g., clients, loyalty club members, warranty holders, suppliers or subscribers) or an existing non-business relationship (e.g., association members), since the Anti-Spam Law applies to both retail e-commerce (B2C) and business-to-business e-commerce (B2B);
  • People whose electronic address is published and in plain view and who have not included a statement that they do not wish to receive unsolicited commercial electronic messages. These addresses must, however, be collected manually, without the help of specialized software;
  • People who send you their email address without an obvious indication that they do not wish to receive unsolicited commercial electronic messages. This could be people who request information from you by email or give you their email address during a business meeting. Under the spirit of Bill C-28 (CASL), these people have consented to receive commercial messages from you.

In summary

Explicit or express consent
Implied consent
Consent is clearly expressed.
Consent is presumed, following an action assuming there is a business relation.
The recipient has asked to receive your messages. For example, by providing their email address in a registration field on your website or on a form where it is explicitly indicated that you will be sending them communications.
There is a business relation with the recipient who has not explicitly requested to receive your communications:
  • after a purchase at any of your contact points
  • after dowloading a trial or free version of your application
  • after giving you their business card
The consent never expires, as long as the recipient does not explicitly request to unsubscribe from your communications (most often by clicking on the unsubscribe link provided in your messages).
The consent is limited to a maximumof 24 months.
How does it work in Dialog Insight?
Creating an Opt-In Field
Assigning an Opt-in to a Communication Type
Creating an Implied Consent
Assigning a Consent to a Communication Type

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