CASL Compliance: Can We Share Our eMail Lists With Our Business Partners?

While CASL does allow an organization to share a list with it’s business partners several factors make it extremely difficult to do. Managing unsubscribes from a single list is one thing. Updating business partners every time something changes would take some serious data planning. All liability rests with the Organization who owns the list.








http://www.crtc.gc.ca/eng/com500/infograph4.htm. Reproduced with the permission of the Canadian Radio-television and Telecommunications Commission on behalf of Her Majesty in Right of Canada, 2015 

While technically CASL allows an organization’s business partners to email that list, they must clear state who the list owners are and their contact information as well as their own details. All emails sent must have an unsubscribe mechanism and all unsubscribes must be honoured with 10 days, so you can see the issue and challenges right away. CRTC was kind enough to provide an exceptional infographic explaining this.
At the end of the day it is probably wise for the Organization who owns the lists to simply execute the email on behalf of it’s business partner.
All responses (click-throughs) can click through to the business partner’s landing page where the recipient can actually opt in with the business partner as well as the original list. This way, unsubscribes are easily and quickly managed and the recipient’s privacy has been respected.
If this is an option for your organization, be sure to let the recipient know who the organization is and their contact information as well as their business partner’s. The organization should explain that it is sending this message on their behalf. Include an unsubscribe in all messages.

 

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