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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, 2014.

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 [Mailing Address/Telephone/Email]

  • A statement indicating the person can withdraw their consent

  • Privacy Information or a link to your privacy policy [purpose for collecting the 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 consent agreement.




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