Does CASL expressed consent apply to fulfillment?

[Kim_Gandy1]

Our company sends marketing and fulfillment emails. Does CASL expressed consent need to be obtained in order to continue sending fulfillment emails?

[Rachel_Noble]

CASL applies to Commercial electronic messages. A commercial electronic message is defined as:

“A message whose purpose is to encourage participation in a commercial activity

CASL does not apply to:

• non-commercial activity
• voice, facsimiles or auto-recorded voice calls (robo-calls)
• broadcast messaging including tweets and posts”[1]

Do your fulfillment emails have any sort of marketing content in them? Are they being sent to customers? Do your customers specifically request the fulfillment emails or are they asked to opt in to receive them at any point?
 

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[1] http://fightspam.gc.ca/eic/site/030.nsf/eng/00285.html

[Kim_Gandy1 · Accepted solution]

Thanks Rachel Noble​! Found more clarification via http://thedma.org/wp-content/uploads/CASL_guidance.pdf

B2B emails are exempt from CASL if it is sent within the organization and relates to the organization – as a result of an ongoing business relationship. Also, it is exempt if it is sent from one organization to an outside organization in response to an inquiry, or if the communication relates to the ongoing business relationship. 4

• Promotional emails, e-newsletters and communication outside the scope of the ongoing business relationship would NOT be exempt if they are encouraging the recipient to purchase a product or service.
• Simply providing a hyperlink or logo in the e-signature would not constitute a CEM; however, a tagline that encourages the recipient to purchase a product or service would constitute a CEM.