Change to Canadian Anti-Spam Laws Could Affect Industry Businesses

Window & Door
July 10, 2017
Legal Alert

On July 1, a change in the Canadian Anti-Spam Laws took effect. The change requires “Express Consent” before sending an email to a Canadian address. Before July 1, CASL considered "Implied Consent"—a three-year existing business relationship—as compliance. However, that condition is now void.

Terms

  • Express Consent: A recipient willingly and consciously agrees to receive email from a sender.
  • Implied Consent: The sender and recipient are engaged in an ongoing business or non-business relationship where it can be inferred that the recipient is interested in receiving email from the sender.

There are expiration dates on “Implied Consent” time periods allowing companies to continue to email Canadians (see below). However, companies cannot email those contacts that have not converted to “Express Consent” before the allotted time period, without incurring penalties.

Time Periods

  • Purchase Made: 2 years
  • Inquiry or Application: 6 months
  • Membership/Subscription: 2 years from expiration
  • Contract between Sender/Recipient: 2 years from expiration

To read more about bulk emailing best practices and CASL, see Window & Door's June/July 2017 article on the topic.