New Email Marketing Guidelines

[John Glube]

Unlike the Direct Marketing Association, (DMA) which supports non fraudulent unsolicited Can Spam compliant commercial email, or unsolicited bulk email, for some time now the Canadian Marketing Association (CMA) has taken a much stronger stance against unsolicited bulk email.

Recently, the CMA announced an amendment to it's guidelines on email marketing to come into force April 1, 2004.

The revised guidelines read as follows:

E4.1.2 e-Mail Purpose: Organizations must identify the purpose for which an individual's e-mail address is being requested prior to or at the time the e-mail address is collected.

The e-mail address that has been collected can be used only for those purposes identified.

E4.1.3 e-Mail Consent: Marketers shall not send e-mail marketing communications without the express consent of the recipient, except where there is an existing business relationship.

Existing Business Relationship
In cases where a consumer has provided his or her e-mail address to an organization, the organization has implied consent to e-mail the consumer. Notwithstanding this requirement, marketers shall not send e-mail to consumers who have indicated they do not wish to receive further e-mail marketing communications from that marketer.

Disclosing e-Mail Addresses to a Third Party
An organization shall not disclose a consumer's e-mail address to a third party without the express consent of the consumer.

(For the details, use this.)

Why are these guidelines, along with the changes significant?

Many American marketers have Canadian customers and tend to view North America as one market.

Industry Canada is presently completing a review of the Canadian email marketing rules. The Competition Bureau (Canada's equivalent of the Federal Trade Commission) has previously indicated it considers Canadian law applies to all those doing business with Canadians over the Internet.

It is likely, although not a given, any law passed by the Canadian Parliament to specifically regulate email will reflect the CMA's guidelines.

In the circumstances, those marketing to Canadian customers will want to consider these guidelines in tailoring their email marketing efforts.

Trusting these comments are of some assistance.

Kind regards,

John Glube
Toronto, Canada