Every company or party sending out CEMs should establish and utilize a database that logs the express consents acquired. Consent may be obtained orally or in writing, and the onus is on the sender of a CEM to prove that consent was acquired. If you have obtained express consent (which does not expire), then you would have followed CASL documentation.
\nHowever, care must be taken with regards to social networking sites. If someone “likes” or “follows” your page, it will not automatically follow true documentation of express consent, as required by CASL. Steps taken to request express consent should be documented and stored properly for future purposes, in the event that any claim or objection arises. Courts will consider any attempts made to get express consent and efforts to comply with CASL rules. This is important because any person alleging to have obtained consent bears the evidential burden of proving such consent.
\nTherefore, it is important for companies to implement clear policies that provide the proper documentation of consent and the continuous updating of customer email lists and databases. In many cases, companies will need to obtain “fresh” consent from their customers to ensure that they are CASL-compliant with proper documentation. Oral consent may be verified through an independent third party or by using a complete unedited audio recording.
","frontmatter":{"title":"How to Document and Store Consents","date":"October 27, 2016","description":"This article discusses the importance of properly documenting and storing consent in case any claim or objection arises.","author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal","bio":"Rajah Lehal is Founder and CEO of Clausehound.com. Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.","image":{"childImageSharp":{"fluid":{"base64":"data:image/jpeg;base64,/9j/2wBDABALDA4MChAODQ4SERATGCgaGBYWGDEjJR0oOjM9PDkzODdASFxOQERXRTc4UG1RV19iZ2hnPk1xeXBkeFxlZ2P/2wBDARESEhgVGC8aGi9jQjhCY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2P/wgARCAAUABQDASIAAhEBAxEB/8QAGAABAAMBAAAAAAAAAAAAAAAAAAIDBQT/xAAWAQEBAQAAAAAAAAAAAAAAAAAAAgP/2gAMAwEAAhADEAAAAboK870hU4HaFoP/xAAbEAEBAQACAwAAAAAAAAAAAAACAQMABBEhMv/aAAgBAQABBQLZ0DJXzzsfOHtcqtrVlGqp/8QAFBEBAAAAAAAAAAAAAAAAAAAAIP/aAAgBAwEBPwEf/8QAFREBAQAAAAAAAAAAAAAAAAAAASD/2gAIAQIBAT8BY//EAB0QAAICAQUAAAAAAAAAAAAAAAEhABEQAhIxQVH/2gAIAQEABj8CXJgvXuvA9nWLJcsJAqOf/8QAGxAAAgMBAQEAAAAAAAAAAAAAAREAIUFREDH/2gAIAQEAAT8hEPkifIrIYPgAmwaHZUKpzPAcw4PIYWoDkjn/2gAMAwEAAgADAAAAEDvXff/EABYRAQEBAAAAAAAAAAAAAAAAAAEQEf/aAAgBAwEBPxADGE//xAAWEQEBAQAAAAAAAAAAAAAAAAARARD/2gAIAQIBAT8QTDLn/8QAHRABAQEBAAIDAQAAAAAAAAAAAREAITFxQVFhof/aAAgBAQABPxBERBosSrNWnl4U/SabyrrjY+eesU1Qqo7Xg1wnR1H+PrIYPUA6nfZ3SAwyyXf/2Q==","aspectRatio":1,"src":"/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg","srcSet":"/static/d7bbad08c257f3987a4a5710553e9e17/2b9ee/Rajah.jpg 80w,\n/static/d7bbad08c257f3987a4a5710553e9e17/e5d64/Rajah.jpg 160w,\n/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg 320w,\n/static/d7bbad08c257f3987a4a5710553e9e17/6e63d/Rajah.jpg 400w","sizes":"(max-width: 320px) 100vw, 320px"}}}},"tags":["CASL","Consent"]}}},"pageContext":{"slug":"/how-to-document-and-store-consents/","previous":{"fields":{"slug":"/canadian-articles-of-incorporation-part-4-of-8-what-to-consider-when-selecting-directors-for-my-business/"},"frontmatter":{"title":"Canadian Articles of Incorporation – Part 4 of 4: What to consider when selecting Directors for my business?","tags":["Not for Profit Articles of Incorporation","Company Formation","Rajah","Articles of Incorporation","Canada (ON)","Canada (General)"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}},"next":{"fields":{"slug":"/integrating-your-privacy-policy/"},"frontmatter":{"title":"Integrating your privacy policy","tags":["Privacy Policy","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}}}}}