When CASL consents expire
I’ve been getting a lot of emails from law firms and other professional services firms warning me that if I do not confirm my subscription to their newsletters, they will stop sending them to me. These firms have misunderstood changes to Canada’s Anti-Spam Law (CASL) that came into force on July 1.
Certain kinds of implied consent to send commercial emails expired on July 1, 2017
The changes to rules for sending “commercial electronic messages” (CEMs) only affected the transitional three-year expiry for implied consents deriving from existing business and non-business relationships.
These changes did not affect express consents or implied consents deriving from putting one’s coordinates on a webpage or handing out a business card. These consents never expire, unless the recipient unsubscribes.
The following table summarizes the current rules on expiry of consents to receive a CEM:
| Type of consent | When it expires |
| Express consent | Never, until recipient unsubscribes |
| Implied consent from: | |
| Existing business relationship | 2 years after last commercial transaction 6 months after last inquiry |
| Existing non-business relationship | 2 years after donation, volunteer work, membership |
| Electronic address published without disclaimer (eg, website) | Never, until recipient unsubscribes. Message must be relevant to person’s role, functions or duties in a business or official capacity |
| Disclosure without disclaimer (eg, business card, signature on email) | Never, until recipient unsubscribes. Message must be relevant to person’s role, functions or duties in a business or official capacity |
For more information on CASL and the changes that came into force on July 1, see:
Get Ready for Changes to Canada’s Anti-Spam Law
Canada’s Anti-Spam Law
