Under Canada's Anti-Spam Legislation (CASL) and other international regulations (such as the GDPR in Europe), there are two main ways to obtain a contact's consent to receive commercial electronic messages:
Explicit consent: the contact clearly and voluntarily expresses their agreement to receive your communications (e.g., subscription, registration, request).
- Implied consent: consent is inferred from a pre-existing relationship (e.g., recent purchase of a product or request for information), valid only in certain cases provided for by Canadian law and for a limited period.
This article is not legal advice. Please consult an expert for legal advice on laws and regulations.
Explicit Consent (Opt-in)
Explicit consent is the most secure and universally accepted form. This consent is unlimited in time (valid as long as the contact does not unsubscribe).
Common Methods of Obtaining Explicit Consent
Checkboxes: The contact subscribes to a newsletter voluntarily by using a checkbox. Opt-in checkboxes are the simplest way to obtain consumer consent for sending commercial messages. However, certain rules must be respected regarding their use. Checkboxes that assume consent (pre-checked), requiring an action to indicate non-consent, are not accepted.
Forms: This consent is usually obtained through a form that specifies, in simple and clear terms, the purposes for which you are requesting this consent. For example, you can ask people if they wish to receive your offers, newsletters or publications, but also those of your partners, which can open up new possibilities for you.
Consent Request
The request for consent must also include the name under which the person seeking consent conducts business, the postal address and either the telephone number, email address or website address of that person, and a statement that the person from whom consent is sought may withdraw consent.
Requests for consent should not be included in the acceptance of terms and conditions of sale or use. A consumer should be able to complete a transaction while refusing to subscribe to commercial messages. The person from whom consent is sought must check a separate checkbox for each different subscription portion.
Implied Consent (Canada Only)
Implied consent is based on an existing relationship between the organization and the contact. It is only permitted in Canada (CASL) and expires after a certain period of time. In some cases, individuals are presumed to have given you their consent without you having to ask. This consent is temporary (6 to 24 months, depending on the context).
Common Methods of Obtaining Implied Consent
Transaction: When a customer makes a purchase, you can send them communications related to your products for 24 months after the transaction.
Request for information: When someone requests information about your services, you can contact them for 6 months following the request. Downloading a white paper could be considered a request for information.
Recommendations
- Always prioritize explicit consent, as it is more sustainable and compliant everywhere.
- Use implied consent only where required by CASL, and schedule an automatic reminder before it expires.
- Be transparent: Explain to contacts why you are asking for their consent and how they can manage their preferences.
- Schedule an automated campaign at a strategic time to convert implicit consents to explicit ones (e.g., after a purchase, send a confirmation email requesting explicit registration).
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