How Does the
Consent Agreement Feature Work and Help my
Comply with Canadian Spam Law (CASL)
Version 11 of eNewsletter
Pro supports adding a consent agreement to both
opt-in forms and to the subscriber update
settings form. This feature was
added to help customers comply with the new
Canadian Spam law (CASL) in effect as of July 1,
About the New
Canadian Spam Law (CASL)
Canada’s Anti-Spam Law (CASL) CASL comes into force on
July 1, 2014. Once the law is enacted, organizations
will face heavy consequences for sending commercial
electronic messages (CEM) without express consent. While
the United States spam law defines consent more loosely,
allowing organizations to email recipients so long as
they have not opted-out. In Canada’s case, the law
prohibits email marketers from contacting recipients who
have not given explicit consent via verbal or written
opt-in. Unfortunately, emails requesting consent also
count as CEM, which puts email marketers on a tight
deadline to send out consent campaigns before this new
definition of CEM becomes law.
The new consent agreement feature
allows you to place a checkbox on your signup forms and
subscriber update settings page. Next to this checkbox
your consent agreement will appear. When a person opts
in or updates their settings eNewsletter Pro will store the
date that they consented to your agreement.
To comply with Canadian Anti-Spam
Legislation (CASL), your consent agreement should include:
The purpose you are
seeking their consent
The name of your company
seeking the consent
Your contact information
or a link to your website with contact information
A statement indicating
the person can withdraw their consent
Privacy Information or a
information, legal authority for collecting it, etc]
Consent Agreement settings
are defined under Preferences.
The Consent Agreement Text must be
modified to include your company information and privancy
policy and contact information.
We also highly recommend that if you
are using the Confirmed Opt In Approach (Recommended) that
you also include your consent agreement in the opt-in
confirmation message. For example, "By
Clicking the link below...[Your Consent Agreement]".
How Do I View the Last
Consent Date of A Subscriber?
There are several ways to view this
information such as exporting subscriber data, or editing an
individual subscriber. If the Last Consent Date is
blank the subscriber has not performed any tasks that
updated this date such as opting in to another newsletter or
updating their subscriptions.
How Do I Email My Subscribers
that Have not agreed to the Consent Agreement?
All Subcribers that exist in your
database prior upgrading to version 11 will have a default
consent date of 1/1/1900 since they have not agreed to your
consent agreement. To email these people you can use
the send filter called "Filtering By Account Last
Update Date or Consent Date" and choose a date
prior to when you upgraded to eNewsletter Pro Version 11.
You could then email those subscribers and include the link
for them to update their subscriptions using the dynamic
link variable ##UpdateSettings##.
The consent agreement will appear on this page and they must
check the box to give their consent. At that time
their consent date will be updated.
Please note: Existing Forms
on your web site should also be updated to include the