What counts as an opt-in confirmation for CASL compliance?

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Hello,
As I have been sorting through our contacts to make sure we are CASL compliant I noticed something. We have a couple groups that contain people who signed up to receive our mailings through our web site. When they sign up, they receive a thank you trigger email with a link to confirm their subscription but not everyone goes to the trouble to confirm the opt-in. Thus, I have some folks on these lists who did sign up, but didn't confirm their opt-in. We're already asking Canadian subscribers to date to confirm their opt-in but for future subscribers, I want to know: does the fact that they signed themselves up through a form on our web site that clearly states they are signing up for an email list constitute consent? Even if they didn't bother to double confirm their opt-in by clicking the link?

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Paladino

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  • slightly confused

Posted 4 years ago

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Greg Rathbun, Customer Service Specialist

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I can definitely answer your question on the CASL!

First, let me share our help page discussing the CASL and how it affects sending:

https://support.myemma.com/Emma_resources/Account_how-to/How_CASL_affects_your_email_marketing

This gives a lot of great info on how you're affected by the CASL; I'll quote the bit you're looking for:

“We don’t collect IP address information, so if your contact doesn’t click the opt-in confirmation link, we can’t guarantee explicit consent will be recognized.”

This is important as you may be required to provide the time and date the contact opted-in, and this is only collected when they click the opt-in link.

Short answer: You'll want to use opt-in links so you can show proof of opt-in if asked for it.

(Edited)
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Paladino

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Currently everyone who signs up gets an email with an opt-in link, but not everyone goes to the trouble to opt-in. But they still appear on my mailing list as an active contact if they sign up on my web site, even if they don't opt in. So what you are saying is that they can sign up for my mailing list, not opt in, still receive email, and then decide to report me for violating the law and I won't be able to prove consent? Should I be combing through the list to remove people who don't opt in? If so, is there an easier way to do that besides clicking on individuals? Is there a way to get an alert when a Canadian reader signs up so I can stop sending to them if they don't opt it?
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Greg Rathbun, Customer Service Specialist

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That's correct; the only way of proving consent is if they click opt-in.

A great way to see which contacts have not opted-in is to create a segment; to do so:

Go into your Audience tab.
Click on the Segments tab and click Create a new segment.
Choose to find people based on Contact information and click Add.
Choose Confirmed opted in and click Add.
Set Confirmed opted in to is empty and click Done.
Name the segment and click Save.

Now you can view all the individuals who have not opted-in!

To differentiate between Canadian and non-Canadian contacts, you may wish to add a contact field for Country to your contacts (if you have not already done so).

You can do so by going in to your Audience tab and clicking Manage Fields.
Then add Country and click Save and exit.

Once you've added the country field, you can use segments to sort them just like you did for opt-ins! (just make sure to add Country to your sign up form)
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Jason

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I have a working consent form but I need to move 1000 people with a .ca email address out of my mailing of 8000 people and also delete the 1000 people from the original mailing. Is there an easy way to do this?
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Katie Lewis, Official Rep

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Hi Jason! I spotted and replied to your other post here. I hope this helps!
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ACE Education

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Hi there,

We're creating a spreadsheet to keep track of our contacts who have confirmed opt-in to comply with CASL.  I created a segment as outlined above (except I used contacts where confirmed opt-in is NOT empty).  When I go to export this segment so that I can add this information to our tracking spreadsheet, it looks like it doesn't export the date that they confirmed opt-in but rather the date that they became a contact, although I'm not totally sure as the headings in the exported spreadsheet are all mixed up.  Is there any way to export the opt-in date along with the other details for each contact in the group?  Thanks for your help!  Elisa
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Katie Lewis, Official Rep

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Hi Elisa! I’m popping in here to point you to this conversation. It isn’t possible yet to export the opt-in confirmation date, and Bill has requested that capability. If you’ll click to follow that conversation, you’ll receive an email update when I have news there.