An existing business relationship between the sender of the CEM and the recipient will be found if, within the previous two years the recipient has:
The existing business relationship is renewed with each transaction, so that the two-year existing business relationship starts over.
There are three categories of implied consent. Consent will be implied if:
· there is an existing business relationship between the sender and the recipient;
· there is an existing non-business relationship between the sender and the recipient; or
· the recipient has , through “conspicuous disclosure or publication” disclosed their email address without stating that they do not want to receive a commercial email. Publication of an email on a business card or a website fit into this category.
Express consent means that a recipient has voluntarily agreed to receive a CEM and this consent is documented. Under CASL, a person who seeks express consent to send a CEM must:
a) state clearly and simply the purpose or purposes for which the consent is being sought;
b) provide information that identifies the person seeking consent and, identifies any third party recipient;
c) give contact information for (about) the person sending the CEM, such as a mailing address and a telephone number to an agent or voice mailbox, or an email or web address of the sender or person on whose behalf the message is sent; and
d) state that consent can be withdrawn at any time.