I receive a lot of email. I suppose 'a lot' is a relative term, but suffice it to say (that outside of in-person socialization) a good portion of my life is spent in the abyss of my personal and professional inboxes. I know I'm not alone because a) friends and colleagues have talked to me about their desire to declare email bankruptcy, and b) just about everything you sign-up for online requires an email address for notifications/alerts.

Unfortunately, as much as I've come to rely on email, it can be difficult to read everything that lands in my inbox. The reality is that most of us simply scan the subject lines and reply accordingly. We scan because of the volume of messages that need to be processed. Sometimes the valuable messages (the ones from a close family member reminding you of a certain anniversary) get lost in a sea of not-so-important fodder (meeting reminders, FYIs, forwards of the next YouTube sensation, etc.).

Weeding Through the SpamThen there's the spam -  the unsolicited, sometimes malicious/criminal messages that clog my inbox and compete for my attention: miracle pills, can't fail investment opportunities, contest wins that require a credit card number and/or my bank account information. They're kind of like dandelions: you can try to get rid of them, but you know they will be back, possibly in greater numbers. Weeding through spam can be both painful and time consuming. If only it was illegal to send spam in Canada...

Some takeaways from Mr Fraser's talk:

• The onus to prove consent is placed on the person sending the message.

In other words, if you want to market to me via email, you'd better have a specific opt-in request or documentation from me proving I agree to receive your email!

• Consent can be expressed or implied, such as through an existing business relationship.

An 'existing business relationship' requires there to have been some form of a transaction between two parties within the past two years. Ask yourself, how many people on your lists haven't had a transaction with you in more than two years? Now would be a good time to reach out to them.

•  If found guilty of violating the Act, administrative monetary penalties can be brought against both individuals ($1,000,000 max) and corporations ($10,000,000 max). Furthermore, officers and directories of offending organizations may be personally liable.

Effectiveness is largely a function of enforcement, which means the Canadian Radio-television and Telecommunications Commission (CRTC) will be front and center should the Bill pass. 

What does this mean for your email communications?

1. Ensure when you are collecting addresses on your website that you are using a confirmed opt-in system.
2. Don't assume that just because you've done business with someone in the past it is alright to email them. Although the rule is 2 years, many recipients don't know that and may report your email as spam as they haven't given written permission. Use your best judgment and, if in doubt, don't send.