ToolsMarketing Automation Software | Personalized Communications, Email Marketing | Personalize and Customize Your Messages
3 min read
3 min read
With CASL, it's important that you have up-to-date lists, not just for new contacts, but also for the lists you already have established. We have endeavored to give you as much of the generally applied information as possible in the following checklist to get your current database compliant. Please remember that this is not legal advice, and that there are gray areas that should be most certainly taken up with someone who has legal expertise and knowledge on this subject.
If the answer to the question of express consent, and the subsequent proof query is yes to both, then you have express consent that is valid under the new legislation.
If the answer to any of these is yes, you have implied consent until July 1, 2017.
If yes to either of the first two, then you have the remainder of those 24 months to contact them. If the answer is yes to the last one only, then you have 6 months.
If the answer to either of those two is yes, you have implied consent until July 1, 2017.
If the answer to either of these is yes, you have implied consent for 24 months. Inquiries related to the activities in these points would also give you a 6 month implied consent, although it is best to check with a lawyer.
It's also worth noting that you have implied consent if the intended recipient has conspicuously published their electronic address and not followed that with a message asking that unsolicited messages be withheld and the messages are related to the professional or official capacity of the recipient. In addition, if they disclose their address to you, again without asking not to receive unsolicited messages, and the message is related to their professional and official capacity you have implied consent, although in both of these cases, express consent would be ideal.
If you have no consent, but are not sending commercial messages, you do not need to receive consent. For more information about CASL, you can check out our blog, and also visit our CASL page. Good luck, and always err on the side of caution until you have spoken to a lawyer about your messaging habits.