Wednesday, January 23, 2013

Bill C-28 - Marketers are still free to use email

When Bill C-28 has been a challenge for businesses in Canada.  How does it affect you?  Quite simply, most business marketers were very confused how the new legislation would affect them.  After a year or so to review and better understand how the legislation will affect outbound email marketing.  The ability to email business contacts without express consent has been at the core of business development.  If they knew who you were, it would be an existing business relationship.  But if they don't know who you are, how can I still email them an offer or piece of information that will help them grow their business?  Here is the wording from the industry Canada website.  I have underlined the passage that I feel properly explains where targeted business to business marketers can still reach potential customers with an offer, even if they have never done business with that person. 


I am a legitimate business owner who uses bulk email to reach my customers. How will I be affected by these new anti-spam measures?

Legitimate businesses that use email to market their products to Canadians should not be negatively impacted by this legislation. The consent regime is based on existing marketplace best practices and uses a consumer opt-in approach, which stipulates that businesses must get express consent or implied consent prior to sending commercial electronic messages. Apart from express consent, consent to receive commercial messages is implied:
  1. where an existing business relationship exists with a customer or client, or
  2. the electronic messages are relevant to the recipient's business, role, function or duties, and the electronic address has been conspicuously published or disclosed, without a statement that the person does not wish to receive unsolicited commercial electronic messages.

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