What is the difference between "express" and "implied" consent?

When collecting and sending to email addresses, there are two types of consent: Express Consent and Implied Consent.

Express Consent

• Definition: Express consent means your contacts have explicitly opted into your marketing communications. They have given you clear permission to send them emails.
• Requirements:
  • Contacts must perform an action, such as:
    • Providing written consent
    • Filling out an opt-in form
  • You must clearly communicate your intentions, including:
    • Your name
    • Company name
    • Company address
    • Company website
    • Company phone number
    • Company postal address
  • Specify the name of the email provider sending the emails.
  • Inform contacts that they have the ability to unsubscribe at any time.

Implied Consent

• Definition: Implied consent means you have a reasonable belief that you have permission to send messages. This may occur if you have had a prior business or non-business relationship with a contact but have not obtained express consent.

Important Note for Canadian Subscribers

• According to the new Canadian Anti-Spam Legislation (CASL):
  • Implied consent expires after a certain period.
  • Contacts collected after July 1, 2014 must provide express consent within 2 years of being initially collected.

For more information on CASL, please visit Basics of CASL.