When does the six-month implied consent period start under CASL?

The six-month contact window under CASL typically begins on the date the recipient makes an inquiry or application. This is considered the trigger for implied consent based on an existing business relationship for inquiries.

Do additional interactions or 'last touch points' extend the six-month consent window?

No, subsequent interactions or 'last touch points' do not typically restart or extend the six-month window for implied consent from an inquiry. The period is tied to the original date of the inquiry. To continue sending commercial electronic messages beyond this period, you must obtain express consent .

What happens if the six-month period expires without obtaining express consent?

If the six-month implied consent period expires without obtaining express consent, you must stop sending commercial electronic messages to that recipient. You can only send transactional messages if they are directly related to an ongoing service or transaction, as these are generally exempt from CASL's consent requirements.

Are all transactional emails exempt from CASL consent rules?

While transactional emails are generally exempt, the line between transactional and commercial can blur. If a notification email about a failed transaction includes marketing content or encourages commercial activity, it may be deemed a commercial electronic message. You should review your messages carefully to ensure they are purely transactional if you do not have appropriate consent. For more information, see if a notification email about a failed transaction is CASL compliant .

How to determine the start of the six-month contact window under CASL? - Compliance - Email deliverability - Knowledge base

Canada's Anti-Spam Legislation (CASL) is a comprehensive law designed to protect Canadians from spam and other electronic threats. It imposes strict rules on sending Commercial Electronic Messages (CEMs), which include emails, text messages, and messages sent via social media if they encourage participation in a commercial activity. One of the key aspects marketers and businesses grapple with is the concept of implied consent, particularly the specific six-month contact window that applies when someone makes an inquiry or application.

The challenge often lies in accurately identifying when this six-month period begins, especially within complex sales cycles or ongoing customer interactions. Misinterpreting the start date can lead to sending unsolicited messages, which could result in CASL violations and potential penalties. Understanding the nuances of how to determine the start of the six-month contact window is critical for maintaining compliance and ensuring your email marketing efforts remain effective and legal.

CASL distinguishes between different types of consent for sending Commercial Electronic Messages. Express consent is the gold standard, where an individual actively agrees to receive CEMs, typically through an unchecked box on a form. Implied consent, on the other hand, is assumed based on an existing relationship or certain actions taken by the recipient. The six-month window specifically applies to implied consent derived from an inquiry or application.

An existing business relationship (EBR) that stems from a purchase or contract, for instance, grants a longer 24-month implied consent period. However, for a mere inquiry, such as a prospect filling out a contact form to get more information or requesting a quote, the implied consent to send CEMs is limited to six months. This shorter timeframe highlights the need for precise tracking and timely follow-up strategies.

Understanding these distinctions is crucial, as the type of consent dictates the duration you can legally send commercial electronic messages without obtaining explicit consent. If you send marketing emails outside of these consent periods, you risk non-compliance and potential regulatory action. You can find more details on these guidelines in the CRTC's guidance document.

Key differences in implied consent

Inquiry/application: Consent lasts for six months from the date of the inquiry or application. This covers scenarios like filling out a contact form, requesting a brochure, or asking for a quote.
Existing business relationship (EBR) - transaction: Consent lasts for two years from the date of the last transaction (e.g., purchase of a product or service). This generally allows for a longer engagement window.

Determining the start of the six-month window

The pivotal question for many businesses is whether the six-month window starts from the very first contact point (the initial inquiry) or from the last interaction or 'touch point' within a sales cycle. According to the CRTC's FAQs, the implied consent for an inquiry begins on the date of the request. This means that if a prospect fills out a form on January 1st, the six-month period starts then, regardless of subsequent conversations or follow-ups that don't constitute a new inquiry or transaction.

This can become complex in scenarios where a lead might sit for months before being qualified or marked as 'lost', triggering a final follow-up email. The original inquiry date remains the anchor for the six-month countdown. Therefore, relying on the 'last touch' for implied consent derived from an initial inquiry is a risky approach and could lead to compliance issues.

To accurately track this, businesses should implement robust CRM systems or contact management tools that record the exact date and time of the initial inquiry. This ensures that you have a clear, auditable trail of consent. For example, if a prospect expresses interest through a contact form on April 1st, the six-month window for sending CEMs under implied consent expires on October 1st of the same year.

SQL example: lead consent trackingSQL

CREATE TABLE leads (
    lead_id INT PRIMARY KEY,
    email VARCHAR(255) UNIQUE,
    inquiry_date DATE NOT NULL,
    last_contact_date DATE,
    consent_type VARCHAR(50) DEFAULT 'implied_inquiry',
    express_consent_obtained BOOLEAN DEFAULT FALSE,
    express_consent_date DATE
);

INSERT INTO leads (lead_id, email, inquiry_date, last_contact_date)
VALUES (1, 'prospect@example.com', '2024-04-01', '2024-04-01');

Managing leads effectively within the CASL framework requires proactive strategies. As the six-month implied consent window approaches its end, you need a plan to either secure express consent or cease sending commercial electronic messages. This is especially true if a prospect has not converted into a client or engaged in an activity that would trigger a new implied consent period, such as a purchase.

One effective strategy is to implement an email nurturing sequence that explicitly seeks express consent before the implied consent expires. This could involve a series of emails reminding them of the value you offer and providing a clear, prominent call to action to opt-in for continued communication. Remember, CASL requires that consent be sought separately and clearly.

If express consent isn't obtained, you must remove these contacts from your commercial mailing lists for any messages that aren't strictly transactional. Non-compliance could lead to your emails being flagged as spam, affecting your sender reputation and potentially leading to your domain or IP being added to an email blacklist or blocklist. It's a balance between nurturing leads and respecting consent boundaries.

Before expiry of implied consent

Proactive outreach: Send a series of emails clearly asking for express consent. Highlight the benefits of staying subscribed.
Clear opt-in: Provide a prominent and easy-to-understand opt-in mechanism. Ensure it meets CASL's requirements for express consent.
Record keeping: Document every attempt to gain express consent and the outcome, including the date of consent expiry.

After expiry of implied consent

Cease CEMs: Immediately stop sending commercial electronic messages to contacts who have not provided express consent.
Transactional only: You may still send purely transactional emails, such as order confirmations or service updates, as these are generally exempt from CASL's consent requirements.
List hygiene: Regularly clean your email lists to remove expired implied consent contacts to avoid accidental sending and improve deliverability.

Ensuring ongoing CASL compliance

Maintaining meticulous records is paramount under CASL. Businesses must be able to prove consent for every commercial electronic message sent. This includes recording the method by which consent was obtained, the date, and any disclosures made at the time consent was given. For implied consent based on an inquiry, this means having a clear timestamp of that initial contact.

Furthermore, every CEM must include specific identifying information about the sender, contact information, and a functional unsubscribe mechanism that remains valid for at least 60 days. Processing unsubscribe requests promptly, within 10 business days, is another critical requirement, as outlined by legal timeframes for unsubscribing. Neglecting these aspects can severely impact your email deliverability and lead to messages being filtered into spam folders.

It is also important to regularly audit your email sending practices and consent records. This proactive approach helps identify and rectify potential issues before they escalate into compliance problems or affect your sender reputation. Staying informed about any updates to CASL guidelines is also part of maintaining an effective and compliant email program.

Consent type	Trigger	Duration	Key action needed
Implied consent (inquiry)	Inquiry or application for information/quote	6 months from date of inquiry	Obtain express consent or cease CEMs before expiry
Implied consent (EBR-transaction)	Purchase of product/service, contract	2 years from last transaction date	Maintain relationship or seek express consent
Express consent	Active, affirmative opt-in by recipient	Until consent is withdrawn or reasonable inference is lost	Maintain proof of consent, provide easy unsubscribe

Views from the trenches

Best practices

Implement automated systems to track the exact inquiry date for all new leads.

Set up automated reminders for sales and marketing teams to obtain express consent before the six-month window closes.

Clearly define what constitutes a 'new inquiry' in your sales process to refresh the consent window appropriately.

Regularly audit your consent records to ensure compliance and readiness for potential inquiries.

Common pitfalls

Confusing the 'last touch point' with the 'initial inquiry date' for implied consent, leading to overdue emails.

Failing to convert implied consent to express consent before the six-month period expires.

Not having robust record-keeping systems to prove consent dates if challenged by regulators.

Assuming ongoing communication automatically extends the implied consent period without a new qualifying action.

Expert tips

For leads acquired via inquiry, always assume the six-month clock starts ticking from the moment they first contacted you. Err on the side of caution.

Use clear and concise language on all your forms to ensure individuals understand what they are consenting to receive.

Prioritize efforts to gain express consent from implied consent holders within a few months to avoid last-minute scramble or non-compliance.

Consider segmenting your lists based on consent type and expiry dates to manage your communications more effectively.

Marketer view

Marketer from Email Geeks says the six-month window should be counted from the date of the request for information, as it is the safest approach for CASL compliance.

2024-05-10 - Email Geeks

Marketer view

Marketer from Email Geeks says they typically continue sending emails to leads as long as there is engagement, even if the implied consent period has technically passed, provided the recipient is still actively interacting with content.

2024-05-11 - Email Geeks

Navigating CASL: a continuous effort

Navigating CASL's implied consent rules, particularly the six-month contact window for inquiries, requires vigilance and clear processes. The key takeaway is that this period begins on the date of the initial inquiry or application, not from the last interaction or touch point. This distinction is vital for maintaining compliance and avoiding the pitfalls of sending unsolicited commercial electronic messages.

By implementing robust tracking systems, proactively seeking express consent, and consistently adhering to CASL's requirements for identification and unsubscribe mechanisms, businesses can ensure their email marketing efforts remain effective and legally sound. Prioritizing consent management not only mitigates legal risks but also fosters trust with your audience, which is fundamental to long-term deliverability and success.