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for (in the case of a registered charity or a political party) or had a membership with (in the case of a club or association), the sender.
Both the EBR and the ENBR are time-limited - consent is implied throughout the duration of the relationship, plus two years after it ceases (assuming consent has not been withdrawn before that time).
There are two other forms of implied consent. The conspicuous publication provision (or “website exception”) applies if the recipient has “conspicuously published” an email address (for example, on a website), has not indicated that she or he does not wish to receive unsolicited CEMs, and the CEM is relevant to the person’s business, role, functions or duties in a business or official capacity. The electronic address provision (or “business card exception”) is similar to the website exception, except that it applies when an email address is given to someone else (such as when a business card is provided), rather than being posted on a website.
Exceptions to the consent requirement
There are over 15 situations in which CASL provides that CEMs are exempt from either all three of the requirements noted above, or the consent requirement (but not the identification and unsubscribe requirements). The circumstances under which these exemptions apply are too numerous to review in this article. It may be necessary to conduct a further review of CASL, and to obtain legal advice, to determine if an exemption applies to a particular CEM you might wish to send.
“Both the EBR and the ENBR are time- limited - consent is implied throughout the duration of the relationship, plus two years after it ceases (assuming consent has not been withdrawn before that time).“
The identification requirement
The sender must ensure that certain information is included in every CEM, including the sender’s name, contact information and an unsubscribe mechanism. Where a CEM is being sent on behalf of your organization by a third party, it may also be necessary to include information which identifies that third party.
The unsubscribe requirement
Every CEM must contain an unsubscribe mechanism which allows the person to whom the CEM is sent, to indicate, at no cost to them, that they wish to no longer receive either any CEMs, or any specified class of CEMs (for example, unsubscribing to receiv- ing promotional CEMs, only, while continuing to receive factual notifications about their account).
HOW CASL AFFECTS YOUR ORGANIZATION
Communication with existing and past customers and members
Most organizations should be able to continue emailing existing and many past customers and members. Even if you’ve never obtained express consent from these people, the EBR and ENBR provisions
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