Re-opt-in: a Messy Word for a Messy Process
Under section 66, consent to send commercial electronic messages (CEMs) is implied for a period of 36 months beginning July 1, 2014, where there is an existing business or non-business relationship that includes the communication of CEMs. Note however, that this three-year period of implied consent will end if the recipient indicates that they no longer consent to receiving CEMs. During the transitional period, the definitions of existing business and non-business relationships are not subject to the limitation periods that would otherwise be applicable under section 10 of CASL. Businesses and people may take advantage of this transitional period to seek express consent for the continued sending of CEMs.You can delay asking your current subscribers to re-opt-in, at least until you understand the requirements and the impact on your email campaign. Put a note in your calendar for early in 2017 to give it more thought - others will have worked through all the kinks by then.
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