Implied consent is a presumed permission from a contact to receive communications during a limited period of time. This permission is obtained during an interaction or a transaction. Contrary to explicit consent, which does not expire, implied consent expires after a maximum of 24 months depending on the acquisition criterion:
- transaction (24 months): purchase of a product or service, subscription to an event.
- interaction (6 months): information request.
This type of consent is allowed in Canada according to the conditions of Canada's Anti-Spam Legislation (CASL). In Europe, it is forbidden to use implied consent according to the GDPR. Implied consent, as defined by the CASL, has a limited scope. This consent allows you to communicate to your contacts on specific subjects, generally related to the method or source of acquisition of that consent. For administrative communications (confirmations, receipts), you do not need consent.
In this article, you will learn how to create an implied consent and then create an acquisition rule that will apply to the consent.
Create an Implied Consent
Start by activating the consent manager for implied consents:
Then click on Create a consent:
Then, fill in the Code and Label fields:
If you are not familiar with the concepts of Code and Label, read the article on creating fields.
Create an Acquisition Rule
Now that you have created an implied consent, you have to define an acquisition rule that will apply to this consent.
To start, enter into the edition window of the implied consent:
Then, click on Add a rule:
Next, fill in the information to define the rule:
In this example, the acquisition rule of this consent has a duration of 24 months following the last purchase. The 24-month period is calculated with the contact's profile field of Date type, which has been configured to update at every purchase. Every time the contact makes a purchase, the 24 months is reset.
Another example with a relational table:
Another option would be choosing a relational table in the dropdown menu next to from. For example, you could use a relational table for participants of an event or a contest, or for subscription dates of your customers to one of your services. The benefit of using a relational table is to keep purchases history. If you use a contact's profile field instead, at every update, the date is overwritten and no record is kept.
Whether you choose a field from the profile or from a relational table, you must choose a field that has a Date type. Do not forget that for a transaction, you can communicate with your contact for 24 months, and for an information request, 6 months.
Once created, a criterion will be listed in the consent. Now you simply have to import your contacts into the project, and the right consents will be created automatically.
In the implied consent edition page, you can see details of the acquisition rule:
The consent proofs are kept in a history that you can consult.
Implied consents can now be used to target contacts according to the acquisition criteria.
Here is a list of required actions to do next:
- Link the implied consents to a communication type (as you would do for opt-ins) . See the process of setting up a consent center for more information.
- Import the customer requests or transactions and link your business rules. These imports can be done manually in the contact's profile, manually or with an automated process or from a relational table.
- Insert an opt-out link at the end of your communications.
You could also create a lead generation form to simplify the compilation of subscription dates or downloads on your Web site for each customer.