June 19, 2014

Re-opt-in: a Messy Word for a Messy Process

It's a word that didn't exist a few years ago... and maybe still doesn't? For those of you still on the fence about whether to ask your current mailing list to re-opt-in before July 1st, here is some information copied exactly from this page of the Government of Canada website:
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.

Visit our web page dedicated to this topic for more info: Anti-spam Resources.

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2 comments:

  1. Hi Linda,
    I'm curious about the outcome of sending an email to "opt-in/out-out" as so many emails are unread at this point! Are you covering your butt by sending that email out or is it irrelevant if they don't bother to look at the "opt-ions" email anyway?
    Thanks for your wisdom, as always!
    Natasha

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    Replies
    1. Hi Natasha, technically if you ask your subscribers to re-opt-in, you can only do that once. If they don't respond, you can no longer send them emails (of any kind). So it's likely you will be left with a list that is smaller than your usual opens (because not all who open would opt in). You are business to business so you have some leeway and 'implied' consent would apply in your case. And, on top of all that, if you decide you want to ask for 'express' consent, you have 3 years to do it - so wait.

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