CASL Law: Is there a compliance work around?

Level 3

CASL Law: Is there a compliance work around?

I am trying to figure out- We have Marketing Nurture email campaigns that are going to be starting soon and our Canadian sales would like to be apart of these sends.

A lot of the Canadian contacts have not double opted into these emails. If these emails are coming from an Account owner (see attachment), will this make a difference with the Canadian contacts and CASL compliance?

Patrick Vesely
Level 8 - Community Advisor

Re: CASL Law: Is there a compliance work around?

In CASL, consent can be explicit and implicit. Explicit consent is when someone shows interest and give you permission to send marketing emails. The implicit consent is when you have some kind of business relationship with the contact or it's really necessary to send email for some kind of fulfillment.

It doesn't really matter who is in the "From" address, but since you mentioned account owner, I'm guessing the target audience is your existing customers. So you should not have any issue. Though I would still suggest to run this through your compliance team once and get their approval.

Hope this helps.

Level 10 - Champion Alumni

Re: CASL Law: Is there a compliance work around?

Amit is roughly correct, however, I want to be clear on CASL: (not legal advice)

  • Explicit Consent=person checked a box (box was not pre-checked) and it had clear language like "I'd like your newsletter/promo email. This is regardless of customer or non-customer. 
    • This is Single Consent. Not double. Not sure where you got that from. Only Germany has double.
  • Implicit is nuanced and your Legal team should approve the rules: 
    • Customer and it is related to their account, product, billing, etc.
    • Previous Customer up to 2? years for certain communications unless they opt out.
    • Free Trial - they signed up and there is an expectation someone may email/call about this.
    • Call Me/Contact Me page - this implies they want you to call whether or not they checked the box.
    • Implicit generally should avoid "promo" emails in the outbound sense.
    • Confirmation of webinar/event/registration
  • For the Send you posted, Amit noted it may be a Customer facing email. However, if you are running an ABM prospecting campaign to non customers, then you do need Explicit consent. If you have neither, you may not send the email (or call) that person. Likewise, if it's a Customer, but a promotional email and Explicit consent is not granted, you may be in a gray area. e.g: Upsell != New Feature Release.