If you are a digital marketer or online business owner, you know how important the health of your email list is to the profitability of your business.
A legal question that I am often asked is what consent you need to send emails to Canadians to add them to your email list.
If you are sending emails (or other commercial electronic messages) to Canadians, you need either Express consent or Implied consent under CASL (Canadian Anti-Spam Legislation).
If you are dealing with people in the EU, you always need Express Consent to send them electronic messages under the GDPR (General Data Protection Regulations).
The key to Express consent is getting a subscriber to actively agree to join your email list.
You can have a check box, but it cannot be pre-filled with an X. The subscriber will need to actively check the box.
You need to explain in general terms what they are agreeing to receive and must include an unsubscribe mechanism.