Canada has one of the strictest email compliance laws in the world. It's a common misconception that you can't email professionals without opt-in -- you can rely on implied consent.
If you don't have an opt-in list, you can still launch outbound campaigns targeting companies in Canada. When sending emails to a cold audience in Canada, you can rely on implied consent. See "Can I send CEMs to an email address I find online?". It must meet the following criteria
1. There is no statement in connection with the address that the person does not want to receive CEMs at that address; and
2. The content of your CEM is relevant to the recipient's business, role, functions, or duties in a business or official capacity.
How to be compliant with CASL?
1. Review your email collection methods:
Under CASL, you need to have implied or expressed consent for any Canadian resident. So, get consent before sending any email or other CEMs.
2. Conduct an audit:
You should conduct a monthly or yearly audit to check each subscriber has given you their express consent. And if you find any anomaly, you can send them an email straight away asking for their consent or opt-in confirmation.
3. Ensure all the ongoing communications follow CASL regulations:
To be CASL compliant, follow all the following:
- Email should clarify the identity of the person, business, or organization sending the message. Email should identify the Email Service Provider.
- Email must have a clear and working mechanism for unsubscription.
- Email must contain a valid mailing address and telephone number, email address, or web address.
CASL exemptions: CASL exempts certain communications, which are as follows:
- B2B communications: The exemption to B2B communications only applies if certain criteria are met, including but not limited to:
- An email sent within a business or sent between businesses.
- An email sent in response to a business request, complaint, or offered in a professional capacity by a recipient that has conspicuously published their electronic address.
- Messages to those with whom you have an existing non-business relationship/donations, gifts, etc.
- Communications to those you have an existing business relationship with within two years
- Messages are sent to consumers in response to requests for information
- Messages are sent to enforce a legal right
- Third-party referrals/Forward to a friend
- Communications are sent between those with personal relationships within organizations.
- Communications were sent to satisfy legal obligations.
- Messages were sent to foreign states with anti-spam legislation.
CASL allows exemptions regarding express consent on certain types of messages:
- Communication providing any quote or estimate
- Messages that facilitate transactions previously agreed to
- Warranty/recall/safety or security-related emails
- Communications relating to the purchase or ongoing maintenance of memberships, loans, etc.
- Messages that deliver goods or service/product upgrades or updates
Wrap up:
In layman's terms, this means you can’t send them to just anyone. You need to target your prospects very carefully. You need to have a strong reason to claim that the company the person works for can benefit from what your company offers in the email. Moreover, your business activity should be logically connected with the business activity of your prospect. That will be a legal basis to send someone an email without their previous consent to process their data. This applies to GDPR as well, under the B2B exemptions.
In practice, that means the end of the spray and pray approach. This is what Ubico helps with and provides you with compliant software that allows for multi-channel outreach.
