Actions and Detail Panel
CASL: PROVING CONSENT
Tue, 27 June 2017, 3:30 PM – 5:00 PM EDT
Asking permission and sending emails the proper way are important now that CASL is being enforced. But the onus of proof is 100% on the sender.
"Burden of proof
13 A person who alleges that they have consent to do an act that would otherwise be prohibited under any of sections 6 to 8 has the onus of proving it. " - http://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-3.html#docCont
Problem as we see it is that most our legacy systems were not designed to easily prove consent. Nobody ever checked so must of us did not design our systems to track the detail. And even if we did, it was likely a one-time entry. In today's digital world we must track changes in consent relationship in real time. So as an individual interacts with us we can re-start the 2 year clock, or even move them to express consent if they have filled out a form that has all of the appropriate language to qualify as express consent in the eyes of the CRTC.
Join Derek Lackey, President of the Direct Marketing Association of Canada and Managing Partner of -30 Strategic Communications as we examine what CRTC will consider proof and the various methods of record keeping that can be used.