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.
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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
