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
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