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Does CASL require single or double opt-in?

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Level 5

Does CASL require single or double opt-in?

My team is launching a new newsletter and wants to opt-in existing subscribers from the product's sister newsletter. After reviewing requirements for CASL compliance, would this require a double opt in? Or are we within compliance currently by subscribers being opted into another newsletter?

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Level 10 - Champion Alumni

Re: Does CASL require single or double opt-in?

Generally no, but double opt in is a good idea. See below

 

http://www.slideshare.net/marketo/getting-ready-for-the-canadian-antispam-legislation?ref=https://ww...

http://www.slideshare.net/marketo/eprivacy-law-marketers-need-to-know?ref=https://uk.marketo.com/

http://blog.marketo.com/2014/03/stay-in-compliance-what-marketers-need-to-know-about-eprivacy-law.ht...

https://www.marketo.com/cheat-sheets/a-marketers-guide-to-canadas-anti-spam-legislation-casl/

This is what I've figured out (not legal advice):

 

  • Exceptions to Explicit Opt In
    • someone asked for help
    • between organizations with a relationship
    • notice of legal rights (contracts)
    • notice of product
  • Referrals
    • Sender can send 1 message and make note of who referred to Recipient A
    • Recipient A and Referrer should have relationship
    • Referer and Sender must have relationship
  • No Consent Required for
    • Providing a quote
    • confirming a transaction
    • providing warranty, recall, safety, or product recall info
    • Ongoing use of a product or sub
    • delivers goods, updates, or upgrades
  • Implied Consent
    • Existing relationship - within 2 years of purchase
    • within 6 months of inquiry
    • Conspicuous Publication (vague)
    • email or phone provided by recipient with above restrictions
  • Explicit Consent (this is the part you asked)
    • opt in, no precheck - but ok to just have email address if it’s clear they are opting in.
    • must say you can unsub
    • must identify self and address
    • must be clear they are opting in.
  • Proving Consent
    • Log Date Time
    • IP Address
    • URL and Form
    • retain image of forms

View solution in original post

1 REPLY 1
Highlighted
Level 10 - Champion Alumni

Re: Does CASL require single or double opt-in?

Generally no, but double opt in is a good idea. See below

 

http://www.slideshare.net/marketo/getting-ready-for-the-canadian-antispam-legislation?ref=https://ww...

http://www.slideshare.net/marketo/eprivacy-law-marketers-need-to-know?ref=https://uk.marketo.com/

http://blog.marketo.com/2014/03/stay-in-compliance-what-marketers-need-to-know-about-eprivacy-law.ht...

https://www.marketo.com/cheat-sheets/a-marketers-guide-to-canadas-anti-spam-legislation-casl/

This is what I've figured out (not legal advice):

 

  • Exceptions to Explicit Opt In
    • someone asked for help
    • between organizations with a relationship
    • notice of legal rights (contracts)
    • notice of product
  • Referrals
    • Sender can send 1 message and make note of who referred to Recipient A
    • Recipient A and Referrer should have relationship
    • Referer and Sender must have relationship
  • No Consent Required for
    • Providing a quote
    • confirming a transaction
    • providing warranty, recall, safety, or product recall info
    • Ongoing use of a product or sub
    • delivers goods, updates, or upgrades
  • Implied Consent
    • Existing relationship - within 2 years of purchase
    • within 6 months of inquiry
    • Conspicuous Publication (vague)
    • email or phone provided by recipient with above restrictions
  • Explicit Consent (this is the part you asked)
    • opt in, no precheck - but ok to just have email address if it’s clear they are opting in.
    • must say you can unsub
    • must identify self and address
    • must be clear they are opting in.
  • Proving Consent
    • Log Date Time
    • IP Address
    • URL and Form
    • retain image of forms

View solution in original post