Implied consent (CASL)

A customer email list may rest on implied consent rather than a recorded yes. For the purpose of section 6, except s. 6(7.1), s. 10(9) says consent is implied only if one of four things applies. Section 10(12) addresses a sold business; see CASL.

The listed situations

• The person who sends, causes or permits the message to be sent has an existing business relationship or existing non-business relationship with the recipient (s. 10(9)(a)).
• The recipient conspicuously published the address with no statement refusing unsolicited messages, and the message is relevant to their business, role, functions or duties (s. 10(9)(b)).
• The recipient disclosed the address to the sender without indicating a wish not to receive such messages, and the message is relevant in the same way (s. 10(9)(c)).
• The message is sent in circumstances set out in the regulations (s. 10(9)(d)).

Time limits on a business relationship

Section 10(10) ties an existing business relationship to events such as a purchase or lease within the two-year period before the message, or an inquiry or application within the six-month period before it. Under s. 10(14), where a purchase or lease involves an ongoing subscription, account, loan or similar relationship, the period begins on the day that relationship terminates. Innovation, Science and Economic Development Canada says implied consent is generally time-limited. Ask the seller which situation each address relies on and what records show it. See privacy obligations when a tech company is sold.