CASL Update: Understanding Implied Consent - Conspicuously Published

If you find yourself receiving B2B messages from someone you did not give express consent to, don't get all huffy thinking they are spamming you. They may very well be following the rules of CASL.




The text of the Law states: 
“The address was disclosed without any restrictions and your message relates to the recipient’s functions or activities in a business or official capacity.”

The Sender must be prepared to prove:
1. The email address collected or received.
2. Screen grab of where it was collected from.
3. Proof that there was no restrictions posted with the address.
4. Proof that there is some correlation between their role and what the organization is emailing them about.

If all of these these conditions are met, you could find yourself on email lists you did not sign up for. Unsubscribing should be very easy and displayed on every message sent, so if you do not wish to recieve messages from that Sender, it is quick and easy to opt out.

Time Limitations: 
“Implied consent is generally time-limited. It is typically a period of 2 years after the event that starts the relationship (e.g. purchase of a good). For subscriptions or memberships, the period starts on the day the relationship ends.”

In other words, if your email address is publicly displayed anywhere online and it can be tied to your role or title in your organization, businesses can add you to their email list as long as they only send you information relevant to your role. If your title is VP, Marketing and they are sending you HR promotions they are offside. But if they send you marketing information they are well within the law.

The reference to "without any restrictions" simply means...

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