Bill C-28 applies to all communication emails sent by Canadian companies, to Canadian companies or by Canadian servers (the same requirements apply for email transmissions to the United States).
Two types of consents are currently accepted in regards to the transmission of emails (after July 1, 2017, only the express consent will be accepted).
- tacit consent requires that you have a business relationship with your contact since less than 2 years. It is your responsibility to prove that you had a trade relationship with this contact in this 2-year period preceding the sending of the email.
- express consent requires that your contacts have checked a field I would like to receive your newsletter or I wish to receive communications or promotions on your part. It is what we call a double consent (opt-in) (the lead formally gives consent to be contacted by email, even if he has already provided his email address). Users having gone through a double consent (opt-in) process before the application of Bill C-28 are considered to have consented if you can prove their opt-in.
Furthermore, in order to be in compliance with Bill C-28, your emails must include:
- the mailing address of your physical location
- an unsubscribe link which is visible and easy to access
Insert the special link for the Mailing address
1. Go to the Content menu, then to the Email submenu, and select the email in which to insert the special link for the Mailing address.
The window below will be displayed.
2. Click Special Links in the toolbar.
3. Choose the Mailing Address link (the link will automatically be inserted in the bottom of the email. It is possible to change the address if needed).
4. Click Save.
5. You can preview your email by clicking Preview.
If you do not insert the special link in your email for the mailing address, the mailing address indicated in your company profile will appear automatically in accordance with Bill C-28 (the company profile is one of the configurations completed at the opening of your PUBLITRAC account. To access it, go to settings, under the Configuration, Business profile tab). Bill C-28 requires that the sender of an email for commercial purposes, includes a mailing address in the emails. In accordance with the law, no email will be sent by PUBLITRAC if the mailing address is not displayed; PUBLITRAC is equipped with a system for special links which 'forces' the automatic display of the address indicated in the business profile account if no special link mailing address has been inserted.
If no special link Mailing address has been added in your email, the following message will appear when you save:
Insert the special link Unsubscribe
1. Choose the Content menu and submenu Email.
2. Select the email in which to insert the Unsubscribe link.
The window below will be displayed.
3. Click Special links in the toolbar.
4. Choose the link Unsubscribe.
5. The link will be automatically inserted where you positioned your cursor in the email. It is possible to modify the unsubscribe message as required, by correcting the text following Default = .
In the above example, the default text in the tag is "Click here to unsubscribe". This text can therefore be changed at your convenience for the nomenclature of your choice.
6. Click Save.
7. You can preview your email by clicking Preview.
If you do not insert the special link Unsubscribe in your email, an unsubscribe link will be automatically added at the bottom of the email to comply with Bill C-28 which requires the presence of a link to unsubscribe in every email sent.