Bill C-28

Owned by Émilie Corbeil-Cantin (Unlicensed)
Last updated: juin 20, 2016 by Annie Boulanger (Unlicensed)
2 min read

Bill C-28 consists of two components in regards to  email transmissions:

  • implied consent
  • express consent

 

Implied consent consists of being in 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 year period preceding the email transmission.

Express consent is clearer than implied consent and consists in having a precise answer from your contacts which have checked off the fields ‘’ I’d like 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 Bill C-28 application are considered as ‘’consenting’’ 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 update campaigns aiming at getting their clear and precise permission stating that they accept to receive communications from you.

We suggest that you send your clients an information update email. It’s important to include on this update form, a specific checkbox, which will need to be ticked off by your contacts, in order to give their consent to receive emails or other forms of communications from you.

Bill C-28 applies to all communications sent by Canadian companies to Canadain companies or by Canadian servers.

 

Requirements needed to comply with Bill C-28:

 In order to comply with Bill C-28, there are two obligatory components to include in your email transmissions:

  1. An ‘’unsubscribe link’’ which is visible and accessible
  2. The postal address of your physical location

Note that if you forget to include one of those two components to your email, PUBLITRAC will flag it to you and will automatically include it on your communications.

 

Bill C-28 for email transmissions to the United States:

The same Bill C-28 requirements stated above apply for your email transmissions to the United States.