Questions

Having gone through the CAN SPAM act for email marketing, need some further clarification. Their emails are in a public business directory where they have their full details along with emails.

Canada's anti-spam legislation is one of the toughest legislations in the world.

Contravention of the rules for CEMs can result in severe administrative penalties (up to $1 million per violation for individuals and up to $10 million per violation for organizations) and civil liability.

There are 3 rules to follow:

- You must receive expressed consent or implied consent to send a CEM
- You must clearly identify your company name and anyone else on whose behalf the CEM is sent to.
- In every CEM, you must provide a way for recipients to unsubscribe from receiving messages in the future
What is a CEM (Commercial Electronic Message) ?

A message across any electronic media sent with the purpose of encouraging participation in a commercial activity, sale of a product, good or service.

Types of Consent:

-Expressed Consent: Exists when the recipient provides the sender permission to send them CEM’s. Expressed consent does not expire.

-Implied Consent: Assumes that you can send CEMs to recipients, mostly with an “Existing Business” or “Non-Business Relationship” – Implied consent expires after 24 months from the most recent transaction.
How to be compliant?

Follow the 3 rules above, identify your lead acquisition channels and make sure that they clearly collect expressed consent. Make sure that your drip email marketing including your salesforce emails are compliant by including a relevant subject line, company name, address, and an opt out link.


Answered 5 years ago

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