Implied consent

What it means

Canada's CASL recognises implied consent in defined cases, including an existing business relationship, such as a purchase within the two years before the message or an inquiry within the previous six months, and an address the person conspicuously published without saying they did not want messages, when the message relates to their role.

M3AAWG describes implied consent in email as permission inferred from interaction, such as an address given at the point of sale without notice that it will be used for mailings. It says this is not a best practice, is likely to cause complaints, and recommends an unchecked box to collect explicit consent, or a permission pass before sending more marketing.

EU law has no general implied consent for email marketing; its closest equivalent is the soft opt-in.