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Answers to your CASL questions

What type of consent should I get from the recipient of my message?

The law generally requires express consent. This type of consent requires identifying the purpose for why consent is being requested and must identify who is seeking consent. This consent may not involve pre-checked boxes, rather there must be an express, opt-in by the user. Express consent can be obtained verbally, but it will be harder to prove verbal consent if there are any challenges.

There are some instances were implied consent in allowed:

  • When there is an existing business relationship between sender and recipient. This could include any purchase of a product, good or service within the prior two years, acceptance of a business opportunity within the prior two years, a written contract between the two parties from the previous two years, or any inquiry within the prior six months
  • There is an existing non-business relationship between sender and recipient. Includes donations or volunteer work to or for charities, political parties, and political candidates, as well as membership over the prior two years in a club, association, or voluntary organization
  • Recipients email address has was prominently published, there is no statement indicating the recipient does not want to receive messages and the messaged is related to the recipient’s business, role or duties
  • The recipients email was disclosed to the sender, there’s no statement that the recipient does not want to receive messages and the message is related to the person’s business, role or duties

Source: IT World

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