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The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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When CASL consents expire

I’ve been getting a lot of emails from law firms and other professional services firms warning me that if I do not confirm my subscription to their newsletters, they will stop sending them to me. These firms have misunderstood changes to Canada’s Anti-Spam Law (CASL) that came into force on July 1.

Certain kinds of implied consent to send commercial emails expired on July 1, 2017

The changes to rules for sending “commercial electronic messages” (CEMs) only affected the transitional three-year expiry for implied consents deriving from existing business and non-business relationships.

These changes did not affect express consents or implied consents deriving from putting one’s coordinates on a webpage or handing out a business card. These consents never expire, unless the recipient unsubscribes.

The following table summarizes the current rules on expiry of consents to receive a CEM:

Type of consent When it expires
Express consent Never, until recipient unsubscribes
Implied consent from:
Existing business relationship 2 years after last commercial transaction

6 months after last inquiry

Existing non-business relationship 2 years after donation, volunteer work, membership
Electronic address published without disclaimer (eg, website) Never, until recipient unsubscribes.

Message must be relevant to person’s role, functions or duties in a business or official capacity

Disclosure without disclaimer (eg, business card, signature on email) Never, until recipient unsubscribes.

Message must be relevant to person’s role, functions or duties in a business or official capacity

For more information on CASL and the changes that came into force on July 1, see:

Get Ready for Changes to Canada’s Anti-Spam Law

Canada’s Anti-Spam Law

 

W. Michael G. Osborne
Affleck Greene McMurtry LLP

W. Michael G. Osborne

<p>Michael leads Affleck Greene McMurtry LLP’s competition team. He also practices commercial litigation and arbitration. Michael represents clients involved in business disputes, and defends clients facing competition law investigations, prosecutions, and class actions.</p>

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