What You Need to Know About Bill C-28

What is Bill C-28?

It consists of a Canadian law aimed at protecting consumers and dissuading anyone to send spam emails in Canada, especially those that are disguised as something else and used for identity theft and phishing.

As a business, how do you conform to the Law?

Express consent
That is what you need to obtain from every person to whom you plan to send email communications. Express consent is defined as the explicit consent given by a person who expressed the desire to be subscribed to your newsletter.

Here a few methods to obtain this type of consent:

  • Add an opt-in box in your subscription form
  • Integrate a request for subscription to your website
  • Ask your subscribers to “click here” to confirm that they still want to receive email communications from you

Another thing: you have to send an acknowledgement of receipt by email once you obtain that express consent. You may subsequently send emails to that person, as long as he/she does not unsubscribe.

Tacit consent
If you have a business relationship with someone and obtained his/her email address, then you have tacit (or implicit) consent from that person. For 3 years following the start of the business relationship, you can send emails to that person, as long they are in direct link with your business. Ideally, you’d ask those people to give you express consent.

In the meantime, keep in mind that not everything can be considered a business relationship. Here are few examples:

  • Someone gave you his or her business card;
  • Someone made a donation to your foundation;
  • A client of your business gave you his/her email address;
  • Your business deals with a supplier.

Elements to include in your email communications

  • Your business’ contact info (civic address and one of those three things: phone number, voicemail, or email address);
  • The unsubscribe function, which must be valid for 60 days following the sending.

If you have any further question about this matter, do not hesitate to contact us! Rinaldi can help you with your email communications, whether it’s for copywriting, creation, programming, sending, or all of the above!

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