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Should we be seeking express consent?
This is a strategic question. On the one hand, express consent is trans- parent and easy to understand (either you have it, or you don’t) and administer (since it’s not time-limited). On the other hand, express con- sent is not necessary if you are sure you have implied consent, and requesting consent provides an opportunity for members to unsubscribe (while increasing the annoyance factor).
Using service providers to send emails
An organization can be liable for emails it causes to be sent, in addition to emails it actually sends. You should audit the CASL compliance of any service provider you engage to send your emails. Have a look at your agreement with them, as well as their website - what are they saying about what they do to comply with CASL? Don’t be afraid to ask ques- tions, especially since many service providers will want to know what you do to comply with CASL.
Sharing consent among affiliates
CASL does not recognize sharing of consents among affiliates. Therefore, when obtaining express consent, think about whether you might want other organizations to be able to rely on the consents you obtain. Those other organizations should then be identified in the request for consent. You could also consider having an organization which has an EBR or ENBR include information about affiliates in its emails.
Review your insurance and determine the extent of your CASL-related coverage
Your organization may have a variety of insurance policies which could be relevant to CASL - general commercial liability in- surance, cyber liability insurance and directors and officers liability insurance. Be warned, though, that many of these policies will exclude CASL-related liability. Arrange for a discussion with your broker to find out whether you have CASL coverage, as well as how much coverage you have (and whether it is sufficient). This is an evolving area and specific legal advice may be necessary.
Golf Business Canada
Disclaimer: The information contained in this article is for informational purposes and should not be construed as legal advice.
THEY SAY IT’S A NUMBERS GAME. WE’D HAVE TO AGREE.
Two Islands. Four Courses. One Amazing Experience.
Holes that hug the ocean, climb into the mountains and perch atop awe-inspiring cliffs. This is no ordinary day on the course. Come experience
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OWNERS AND PROS
For participation information on the 2018 Admirals Cup Pro-Am in February 2018 please contact Jack Widdowson at jack.widdowson@stkittstourism.kn in Toronto, or your local NGCOA Canada representative
Golf Stay & Play Packages Arranged by Preferred Golf Tour Operators
Designer: Thomas McBroom
Designer: Robert Trent Jones II
To learn more visit
GolfStKittsandNevis.com
Designer: Ian Woosnam
Under Construction
Designer: Tom Fazio
Under Construction
Golf Business Canada 29