Bill C-28, what is it?
The new law that came into effect in Canada on July 1, 2014 states that it is forbidden to send a commercial electronic message unless there is express or implied consent from the recipient.
What are the different types of consent?
Express consent means that the recipient has given you consent to receiving electronic communications from you. The person may consent orally, electronically or in writing. In the case of a verbal acceptance, it is recommended to have a recording support. In the case of written evidence (paper), you must preserve evidence and be able to provide it upon request.
In the case of electronic evidence, it should include the contact details of the recipient and the date of consent. The recommended way to obtain this evidence is to send an email to the recipient asking them to click a link to confirm they wish to receive email communications.
Implied consent implies that you can demonstrate that you have an ongoing business relationship with the recipient, even if you did not receive express consent. Accepted implied consents are listed below :
- You signed a contract with the recipient in the last 24 months.
- The recipient has made a purchase from you in the last 24 months.
- The recipient has made a request for information in the past 6 months.
- The recipient has requested a quote in the last 6 months.
- The recipient has given you his business card and did not mention during the exchange that he does not wish to receive email communications from you.
- You have a private ongoing relationship with the recipient.
- The recipient has publicly displayed his email and this display was related to your field of activity
You should ideally convert all your implied consent to express consent in order to avoid confusion and make sure you apply the law as stated.
What are my obligations when I communicate by email?
- You must clearly identify yourself. This implies that you should display the company name and / or logo prominently.
- You must include your contact information, including a mailing address.
- Your e-mail must include a link to unsubscribe easily. When an unsubscribe request is made, you will have a maximum of 10 working days to remove the email from the mailing list.
What do I risk if I do not comply with Bill C-28?
If you do not comply with the law, the penalties are very severe. The CRTC has established maximum penalties of $ 1 million for an individual and $ 10 million for a corporation.
Regarding private claims, penalties range from $ 200 to $ 1 million.
You are not sure you are in compliance with the law? You need assistance in applying best practices in commercial electronic communications? NeoSynergix experts will be able to help you. Contact us for more information.