Many small business owners are completely unaware of an important new Canadian law that influences e-mail marketing efforts for all businesses serving clients in Canada. Do you have any contacts on your mailing list that reside in Canada? If you don’t know the answer to that question, you must move quickly to ensure compliance.

The Fighting Internet and Wireless Spam Act (C-28) is currently undergoing some final review and is expected to take effect toward the end of 2011 or early 2012. Unlike the CAN-SPAM act in the United States (one of the most unfortunately named laws ever), the Canadian law has strict opt-in requirements making it illegal to send commercial e-mail messages to Canadian citizens or companies without prior consent. As a business owner, you can get ahead of the curve by understanding this law and taking action to get explicit consent from your subscribers before the bill takes effect.

The good news is that if you have been following industry best practices, you should be mostly good to go already. The key to this law is explicit consent. If you have an existing relationship with a customer, you have implied consent and that consent does not last forever. The law limits implied consent to a period of two years and then you must stop sending messages to that person unless you have received explicit consent. Explicit consent can be obtained by the user subscribing to your list and completing an opt-in process. By getting explicit consent from Canadian subscribers now, you will save headaches later.

Important Requirements to Remember

• You cannot send a commercial e-mail to get consent from a user after the law is in effect.
• If you have an existing business relationship such as a purchase from the customer, a contract, or some kind of investment then you have implied consent.
• Implied consent is valid for only two years and then you must stop e-mail communication unless explicit consent has been obtained.
• You must provide a clear and easy way to unsubscribe in every e-mail marketing message you send.

Actions to Take Now

• Ensure that you’re following industry best practices such as double opt-in (a user signs up for your list and then has to click on a link in an e-mail to confirm the request).
• Include an unsubscribe link in every e-mail marketing message you send.
• Compile a list of your Canadian subscribers and get explicit consent now. This can be done through e-mail. I recommend removing people from the list and having them go through the double opt-in process so you have documented proof of explicit consent.
• Do not manually add people to your mailing list, even if they request it. Verbal consent is very difficult to prove. Ask them to go to your web site and subscribe.
• Make sure your e-mail marketing software stores dates of registration and confirmation. Constant Contact is one such solution and the only one I recommend.
• Do not manually manage a subscriber list and send e-mail newsletters from a program like Microsoft Outlook. You need a better audit trail and why are you making your life so difficult?
• Do not purchase mailing lists from anyone. The consent to send messages does not transfer to you.

If you’re following e-mail marketing best practices, the impact of this law will be minor. If you’re not following best practices, you need to. If you need assistance with your e-mail marketing needs, TerraEdge is one resource you can contact for guidance. We are here to help with these issues!

-Jeff Krasky, Owner

Disclaimer: I am not a lawyer and the Fighting Internet and Wireless Spam Act (C-28) is not law yet. Details could change after the posting of this article. If you have legal concerns, please contact a lawyer.

References

• http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Bill=C28&Language=E&Mod...
• http://www.bizactions.com/n.cfm/page/e120/key/179090280G1005J3621666P0P1...
• http://www.constantcontact.com/about-constant-contact/press/press_2011_0...