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Bill C-28 includes consists of two components regarding emailingin regards to  email transmissions:

  • implied consent
  • express consent

 

Implied consent consists of being 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 two year period preceding the emailingemail transmission.

Express consent is clearer than implied consent and consists in having a precise answer from your contacts that which have checked off the fields ‘’ I accept 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 application of Bill C-28 28 application are considered as ‘’consented’’ ‘’consenting’’ if you can prove their opt-in.

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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 update campaigns aiming at getting their clear and precise permission stating that they accept to receive communications from your endyou.

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 checkbox, which will need to be ticked off by your contacts, in order to give their approbation in receiving consent to receive emails or other forms of communications from you.

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

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Requirements needed to comply with Bill C-28:

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

  1. A An ‘’unsubscribe link’’ which is visible and accessible ‘’unsubscribe link’’
  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 notice flag it to you and automatically add them to will automatically include it on your communications.

 

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

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