Canada’s Anti-Spam Legislation (Bill C-28) Recommendations

Our recommendations

Here are our recommedations to help you comply with Canada's Anti-Spam Legislation (C-28) and make it work for you. Feel free to contact our specialists, who will advise you on the best practices to adopt for your situation.

1. Ask for consent wherever you can

Use all you web processes to get global or specified consent. Put a subscription option in all your emails or transactional pages for all your non-subscribers.

2. Indicate the source of the consent

Although the Anti-Spam Law does not require it, you should indicate in your messages how you obtained the consent of your contacts, just before the unsubscribe link. For example: "You are receiving this message because you are a client of our company and have expressed an interest in receiving communications about our special offers. If you no longer wish to receive this type of communication, click here to let us know."

3. Keep different types of communications separate

Since not all emails are subject to the provisions in the Act (see exceptions), make sure you manage your promotional mailings separately from your administrative mailings.

4. Specify how the consent will be used

On your forms, state the purpose for which you are requesting consent as well as the different types of messages you will be sending (press releases, newsletters, offers, etc.). If applicable, you can keep track of your unsubscribe requests by publication type rather than offering a single unsubscribe mechanism for all mailings.

5. Offer options (“profile update” instead of “unsubscribe”)

You must give your contacts the option to unsubscribe, but take the opportunity to also remind them about the other communications available to them. While they may no longer wish to receive your newsletters every day, they may agree to receive them monthly or get news about special offers.

6. Turn cases of implied consent into express consent

Since express consent allows you to communicate with your contacts at any time, encourage those whose consent has a limited duration to grant you their express consent prior to the deadline (6 or 24 months). Here are some ways to do this:

  • Prepare a series of messages that you can send out regularly before the deadline in order to get their consent
  • Invite people to join your loyalty club
  • Invite people to subscribe to your mailings on a page used to edit profile information
  • Provide information about your other communications (newsletters, promotions, news, etc.) in your confirmation messages, both for new subscriptions and cancellations

Diagnostic tool + Checklist

Diagnostic Tool

Complete this short questionnaire to get a customized guide to expose the challenges your organization will face and the impact of the Anti-Spam Legislation on your electronic communications.

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Verify if you have implemented the most important requirements of the Act with this checklist.

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