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How to Comply with CASL | University Secretariat and Legal Counsel
queensu.ca
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How to Obtain Express Consent “Electronic messages requesting express consent under CASL are also considered to be CEMs.” Requests for express consent must contain the following information:
an existing non-business relationship (i.e., donors, alumni, volunteers) with Queen’s in the preceding two years; or “conspicuously published their business contact information AND the recipient has not indicated a wish not to receive unsolicited CEMs; and your message is relevant to the recipient's business, role, functions or duties in a business or official capacity.” Tracking Consent and Unsubscriptions
Tracking Consent and Unsubscriptions “Compliance with CASL includes implementing systems to track recipient consents and giving effect to requests to unsubscribe.” Where a sender is relying on implied consent to send CEMs, the tracking system must be able to track the “expiry” dates of the implied consent categories. Implied consent normally lasts for two years so, to take advantage, Queen’s entities planning on relying on implied consent to send CEMs should seek express consent as soon as possible.
Content Requirements “CASL requires that all CEMs contain the following information:” the name of the Queen’s unit sending the message;
information about how to unsubscribe from future CEMs. “The unsubscribe mechanism should be present at the bottom of all CEMs using language such as:” “You may unsubscribe from the Queen’s University [insert name of list] distribution list at any time by emailing [insert email address] or calling 613-533-6000 [insert extension].”
“You may unsubscribe from the Queen’s University [insert name of list] distribution list at any time by emailing [insert email address] or calling 613-533-6000 [insert extension].” “If a request to unsubscribe is received, the recipient must be removed from the distribution list within 10 business days of the request.” The following statement should be also be included in CEMs sent to internal recipients:
How to Obtain Express Consent “Electronic messages requesting express consent under CASL are also considered to be CEMs.” Requests for express consent must contain the following information:
Tracking Consent and Unsubscriptions “Regardless of the system, the sender must be able to document addresses which have provided express consent and those which have unsubscribed.” Where a sender is relying on implied consent to send CEMs, the tracking system must be able to track the “expiry” dates of the implied consent categories. Implied consent normally lasts for two years so, to take advantage, Queen’s entities planning on relying on implied consent to send CEMs should seek express consent as soon as possible.
In Compliance
“You may unsubscribe from the Queen’s University [insert name of list] distribution list at any time by emailing [insert email address] or calling 613-533-6000 [insert extension].” “If a request to unsubscribe is received, the recipient must be removed from the distribution list within 10 business days of the request.” The following statement should be also be included in CEMs sent to internal recipients:
A statement indicating that consent can be withdrawn at any time. “If you are collecting personal information (such as an individual’s name, address and telephone number), the request for consent must also include a privacy statement containing the following information:” The reason that the information is being collected;
If you are collecting personal information (such as an individual’s name, address and telephone number), the request for consent must also include a privacy statement containing the following information: “The reason that the information is being collected;” The legal authority for collecting the information;