Bill C-28 applies to all communication emails commercial electronic messages sent by Canadian companies, to Canadian companies or by Canadian servers or to Canadian recipients (the same requirements apply for email transmissions to the United Statesregardless if the sender is Canadian or not).
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).
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commercial electronic messages.
- Express consentrequires that your contacts have checked a field I would like to receive your newsletter or I wish to receive communications or promotions on your partfrom XXXXX. 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 Note: said field cannot be pre-checked, the lead must take a positive action of checking the field). The onus of proving express consent is on the person or business who claims they have such consent.
- A consent (opt-in) is valid once the lead confirms the business can contact him. A double consent (opt-in)
- is often made using a "Confirm your susbscription" button in an electronic message sent to the lead once he has checked the a field I would like to receive your newsletter or I wish to receive communications or promotions from XXXXX.
- Implied consent requires that you have a business relationship or a non-business relationship. Implied consentvalidity period varies depending on the type of business relationship. The onus of proving you obtained implied consent from a lead arising from a transaction or an inquiry is on the person who claims they have such consent.
- implied consent arising from the purchase or lease of a good, service, product, etc. is valid for a period of 2 years. A commercial electronic communication sent within the 2 years is therefore compliant.
- implied consent arising from an inquiry or application is valid for a period of 6 months. A commercial electronic communication sent within the 6 months period is therefore comlpiant.
Furthermore, in order to be in compliance with Bill C-28, your emails must include:
- the mailing address of your physical locationCompany name and mailing address (must be valid at least 60 days following email send). Ideally, include phone number and email address.
- an unsubscribe link which is visible and easy to access. Any unsubscribe request must be taken care of within 10 days.
Electronic Commerce protection regulations
Insert the special link for the Mailing address
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