Hopefully you have come across information and discussions on Canada’s Anti-Spam legislation. But do you fully understand what it means and how to comply with this new law?
In a group of infographics released by the Canadian Radio-television and Communications Commission (CRTC), we are introduced to a full comprehension of the anti-spam legislation, which includes: what we must consider before sending commercial electronic messages; the definition of a commercial electronic message and the information we must include; and our accountability in handling consent.
I thought you would find it helpful to have the full collection in one blog post – bookmark for future reference!
The Definition of a Commercial Electronic Message (CEM)
According to the CRTC, a CEM promotes involvement in a commercial occurrence, which may include endorsing a product, service or an individual.
CEMs may come in the form of:
- Emails
- Instant messages
- Text messages
What Should A CEM Contain?
When sending a CEM, you need to contain the following:
- Your business name, as well as the name of another business or individual you are sending a message for.
- Your mailing address.
- Phone number (this should connect recipients to a company rep or voice message), email or website address for your business or business/individual you are sending a message for.
Take note: All of your contacts must be effective for at least 60 days after sending your CEMs.
How Are You Accountable In Overseeing Consent?
As a B2B leader, you need to understand how to administer consent for businesses you will work with in the near future. Consider a few guidelines from the CRTC’s infographics:
- Remember, email recipients can unsubscribe anytime from receiving CEMs; this means that you should always have an “unsubscribe” method contained within each CEM.
- You are held accountable for both consent and unsubscribe demands.
- A business can acquire express consent to send CEMs themselves on behalf of future companies they will partner with.
What is Express Consent vs. Implied Consent?
Obtaining express consent is the strongest and best type of consent to receive but implied consent is also described in the legislation. According to the infographic, below are the definitions of express vs. implied consent:
Express Consent: You receive a positive or explicit indication of consent to receive commercial messages. The benefit of receiving express consent is it is not time-limited. It ends when the recipient withdraws his or her consent.
Implied Consent: The recipient has made, or inquired about a purchase or lease of good, services, land, interest in land, written contract or acceptance of a business, investment or gaming opportunity from you. In addition, the recipient’s email address was disclosed without any restrictions and your message relates to the recipient’s functions or activities in a business or official capacity.
Is My Existing Express Consent Valid?
If you think you already have an existing express consent from a recipient, how do you know it is valid under the new laws? According to the CRTC, as long as the request for express consent contained all the required identification and contact information, the it is valid. Please note if after July 1 you still want to obtain express consent from your email list, you can only ask for it by email if you already have implied consent. This means you could ask people verbally or by postal mail for express consent.
