CASL FAQ: When Can Organizations Rely on Implied Consent?

In our last CASL FAQ, we asked " How Can I Obtain Express Consent for Commercial Electronic Messages?". In this FAQ, we mention some situations when an organization can rely on implied consent. They are limited in nature and organizations will need to pay careful attention to Canada's anti-spam legislation ("CASL") when trying to rely on implied consent.

For example, organizations can send a commercial electronic message ("CEM") to a person who the organization has an "existing business relationship" with. Only a few situations fall under the definition of an "existing business relationship". This includes where there is a business relationship between the recipient and the sender arising from the purchase of a product, goods or a service within the 2-year period immediately before the day on which the CEM was sent, or arising from an inquiry or application within the 6-month period immediately before the day on which the CEM was sent.