Bill C-28 includes two components regarding emailing:
- implied consent
- express consent
Implied consent consists in having a business relationship with your contact for less than 2 years.
It’s up to you to prove that you’ve had commercial exchanges with this contact during this two years period preceding the emailing.
Express consent is clearer than implied consent and consists in having a precise answer from your contacts that have checked the fields ‘’ I accept to receive your newsletter ‘’ or ‘’ I want to receive information by email about products, services and special offers from you ‘’.
In addition, users that have been through a double opt-in process before the application of Bill C-28 are considered as ‘’consented’’ if you can prove their opt-in.
Bill C-28 OPT-IN
As of July 1 2017, implied consent will no longer be accepted. On this date, you must have the express consent of all your contacts. Therefore, it will be very important to plan contact updates campaigns aiming at getting their clear and precise permission stating that they accept to receive communications from your end.
We suggest that you send to your clients an information update email. It’s important to include on this update form a specific box that your clients have to check in order to give their approbation in receiving emails or other forms of communications from you.
Bill C-28 applies to communications sent by or to Canadian companies or by Canadian servers.
Requirements needed to comply with Bill C-28:
In order to remain in line with Bill C-28, there are two obligatory components to include in your emails:
- A visible and accessible ‘’unsubscribe link’’
- The postal address of your physical location
Note that if you forget to include one of those two components to your email, PUBLITRAC will notice you and automatically add them to your communications.
Bill C-28 for emailing to the United States:
The same Bill C-28 demands stated above are required for your emailing to the United States.