| Contact | How they joined | Date | Status |
|---|---|---|---|
| Ana | Typed email into a form with empty tick box | Jan 2026 | Express consent: can email |
| Ben | Bought a kit | Mar 2025 | Implied, 2 years from purchase: ask for express consent before it ends |
| Chen | Asked a question by email | Apr 2026 | Implied, 6 months from inquiry: ask for express consent soon |
| Dee | Business card at an event, no conversation | Unknown | No proof: do not email until you get express consent |
Start with consent: audit your list
Before you send notes to a whole class, you check who said "yes, please send me notes". Some said yes loudly, some only asked a question once, and some never said anything. Today you sort them into piles.
- Before this course: Email Marketing & Building a List (course 3.5). You should already have an email tool (an ESP), a sign-up form with consent wording (CASL wording in Canada), a welcome sequence idea and a footer with your name, address and unsubscribe link. Here we go one step deeper: automations and segments.
- Rules differ by country. This course uses Canada's law as the worked example. Other countries' rules are in the In your country boxes (see In your country below).
- CASL (Canada's Anti-Spam Legislation) covers commercial electronic messages. Section 6(1) says it is prohibited to send one unless the recipient agreed to receive it, expressly or by implication, and the message follows the content rules in s. 6(2) (CASL, s. 6).
- Express consent: the person agreed, and it has no time limit unless they withdraw it (Government of Canada).
- Implied consent applies only in certain cases and is generally time-limited. For an existing business relationship it can last up to 2 years after a purchase, and 6 months after an inquiry or application (CASL, s. 10; Government of Canada).
- Proof: a person who claims they had consent must prove it (CASL, s. 13). Keep complete records of when, how and what the person saw.
- Some messages do not need consent. For example, a message that only gives a quote the person asked for, or only completes or confirms a transaction they already agreed to, or gives warranty, recall or safety information, or gives factual notices about an ongoing account (CASL, s. 6(6)). A message that mixes these with promotion is a different matter, so do not add ads to receipts without checking.
- Collecting email addresses is collecting personal information, so privacy law also applies (in Canada, PIPEDA or a provincial law).
- CASL says you need express or implied consent before you send a marketing email, text or similar message. Express means the person agreed, with no pre-ticked boxes. Implied includes a purchase in the last 2 years or an inquiry in the last 6 months. You must be able to prove consent.
- Email addresses are personal information, so PIPEDA (or the Alberta, British Columbia or Quebec law) also applies. The CRTC enforces CASL.
- Source: ISED, Canada's anti-spam legislation: ised-isde.canada.ca/site/canada-anti-spam-legislation/en
- Source: CRTC, anti-spam: crtc.gc.ca/eng/internet/anti.htm
- Source: OPC, PIPEDA in brief: www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-i
- The CAN-SPAM Act does not require permission before the first marketing email. It does require honest From and subject lines, a clear statement that the message is an ad, a valid postal address and a clear way to opt out. Honour opt-outs within 10 business days, free of charge.
- Texts and robocalls are stricter. Marketing texts sent with an autodialer to mobile phones need the person's prior express written consent under the TCPA (the FCC enforces it).
- Source: FTC, CAN-SPAM Act compliance guide: www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-
- Source: eCFR, FCC rule 47 CFR 64.1200 (robocalls and telemarketing, text as of 2026-11-01): www.ecfr.gov/api/versioner/v1/full/2026-11-01/title-47.xml?part=64&
- Marketing material aimed at particular people counts as "direct marketing". That makes it processing of personal data under the Data Privacy Act of 2012 (RA 10173), so you need a lawful basis. Consent is one lawful basis.
- Source: RA 10173 text: lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html
- Using personal information for marketing needs a lawful basis, usually consent (Personal Information Protection Law, in force 1 November 2021). Consent must be voluntary, clear and informed.
- Ads sent to consumers must follow the Advertising Law (E-commerce Law).
- Source: Personal Information Protection Law full text (CAC): www.cac.gov.cn/2021-08/20/c_1631050028355286.htm
- Source: E-commerce Law full text (CAC): www.cac.gov.cn/2018-09/01/c_1123362506.htm
- Emailing ads to people who have not agreed is generally banned (Act on Specified Commercial Transactions, Art. 12-3). There are exceptions, such as when the person asked for the email or is an existing customer.
- Keep records of consent: 3 years under the Enforcement Regulation. A second law, the Act on Regulation of Transmission of Specified Electronic Mail, also applies.
- Source: Act on Specified Commercial Transactions (English): www.japaneselawtranslation.go.jp/en/laws/view/3340/en
- Source: Enforcement Regulation of the Act (English): www.japaneselawtranslation.go.jp/ja/laws/view/5048/en
- Source: Act on Regulation of Transmission of Specified Electronic Mail (English): www.japaneselawtranslation.go.jp/en/laws/view/3767/en
- The Network Act (Art. 50) requires the recipient's express prior consent for ads sent by electronic means such as text and email. There are narrow exceptions, for example a seller advertising similar goods to someone who bought from it, within a period set by decree.
- Sending between 9:00 pm and 8:00 am needs separate express consent.
- Source: Network Act, English text (KLRI): elaw.klri.re.kr/eng_service/lawViewContent.do?hseq=55570
- Export your list from your email tool as a spreadsheet (names can differ by version).
- Add four columns: How they joined, Date, Proof (a screenshot, form record or purchase record), Status.
- For each contact, write how they joined. If you cannot find out, write "unknown".
- Mark Status: Express consent, Implied (with the end date), or No proof.
- Make a list of everyone who is "No proof". Do not send marketing to them.
- Make a list of implied-consent contacts and write the date their consent ends (2 years after purchase, or 6 months after inquiry).
- Save the spreadsheet as your consent record and note where the proofs are stored.
- Check: every contact has a status, and every "can email" contact has a proof you could show.
Videos by other creators on YouTube, for reference. They are not made by or affiliated with The Future Market.
Read the video script
[Host] "Before you build any automation, check who you are allowed to email."
[Text on screen: Express = no time limit. Purchase = 2 years. Inquiry = 6 months.] "Express consent does not expire. Implied consent from a purchase lasts up to two years, from an inquiry six months."
[Screen: spreadsheet with a Status column] "Make a list. For each person: how did they join, when, and what proof do you have?"
[Host] "If you cannot prove it, do not send it. Ask first."
Run a consent audit on your list (or on a practice list of 10 made-up contacts). Mark each one Express, Implied (with end date) or No proof.
ClaudeStuck? Copy a ready-made prompt for Claude
Copy this, open Claude, paste it, and Claude will walk you through the lesson step by step.
For a grown-up: Claude is for adults (18+). Copy this, paste it into Claude, and use the answer to explain the lesson to your child.
I'm learning "Email Campaigns: automations and segments" on The Future Market. Lesson 1: "Start with consent: audit your list". What the lesson teaches: - Before this course: Email Marketing & Building a List (course 3.5). You should already have an email tool (an ESP), a sign-up form with consent wording (CASL wording in Canada), a welcome sequence idea and a footer with your name, address and unsubscribe link. Here we go one step deeper: automations and segments. - Rules differ by country. This course uses Canada's law as the worked example. Other countries' rules are in the In your country boxes (see In your country below). - CASL (Canada's Anti-Spam Legislation) covers commercial electronic messages. Section 6(1) says it is prohibited to send one unless the recipient agreed to receive it, expressly or by implication, and the message follows the content rules in s. 6(2) (CASL, s. 6). - Express consent: the person agreed, and it has no time limit unless they withdraw it (Government of Canada). - Implied consent applies only in certain cases and is generally time-limited. For an existing business relationship it can last up to 2 years after a purchase, and 6 months after an inquiry or application (CASL, s. 10; Government of Canada). - Proof: a person who claims they had consent must prove it (CASL, s. 13). Keep complete records of when, how and what the person saw. - Some messages do not need consent. For example, a message that only gives a quote the person asked for, or only completes or confirms a transaction they already agreed to, or gives warranty, recall or safety information, or gives factual notices about an ongoing account (CASL, s. 6(6)). A message that mixes these with promotion is a different matter, so do not add ads to receipts without checking. The exercise I'm working on: Run a consent audit on your list (or on a practice list of 10 made-up contacts). Mark each one Express, Implied (with end date) or No proof. I'm stuck. Please: 1. Explain the main idea in plain, simple words with one everyday example. 2. Walk me through the exercise one small step at a time. Ask me what I've done so far before giving the next step. 3. Don't just give me the final answer. Help me do it myself, and check my work when I share it.
I'm a parent helping my child (about 8 years old) with a lesson called "Start with consent: audit your list" from the course "Email Campaigns: automations and segments". Here's what the lesson says: Before you send notes to a whole class, you check who said "yes, please send me notes". Some said yes loudly, some only asked a question once, and some never said anything. Today you sort them into piles. The activity: Run a consent audit on your list (or on a practice list of 10 made-up contacts). Mark each one Express, Implied (with end date) or No proof. Please explain this so an 8-year-old understands: short sentences, a fun everyday example, and no hard words. Then give me 3 simple questions I can ask my child to check they understood, and a way to do the activity together, one tiny step at a time.
Sources
- Government of Canada, Getting consent to send email: fightspam-combattrelepourriel.ised-isde.canada.ca/site/canada-anti-spa
- CASL, s. 6 (prohibition, exemptions in s. 6(6)): laws-lois.justice.gc.ca/eng/acts/E-1.6/page-1.html
- CASL, s. 10 and s. 13 (existing business relationship, onus of proof): laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html
- CRTC, CASL guidance on implied consent: crtc.gc.ca/eng/com500/guide.htm
Fields, tags and segments
This lesson is part of full access: every course and every level for one payment.
The welcome automation
This lesson is part of full access: every course and every level for one payment.
Follow-up automations (after a sign-up, inquiry or purchase)
This lesson is part of full access: every course and every level for one payment.
Anti-spam rules inside every automation (with Canadian examples)
This lesson is part of full access: every course and every level for one payment.
Re-engagement, list cleaning and consent expiry
This lesson is part of full access: every course and every level for one payment.
Measure, improve and ship your project
This lesson is part of full access: every course and every level for one payment.
Final project
This lesson is part of full access: every course and every level for one payment.
Quiz
What are the two kinds of consent in Canada's CASL?
Express and implied (other countries use different rules, so check your own).
Can implied consent from a purchase last forever?
No; in Canada it lasts up to 2 years.
Can implied consent from an inquiry last forever?
No; in Canada it lasts 6 months. Ask for express consent before it ends.
Who should prove consent if there is a complaint?
The sender who claims it.
What is the difference between a tag and a segment?
A tag is a label on a contact; a segment is a saved group made by a rule.
Name the three parts of an automation.
Trigger, delay (wait) and action.
What is an exit rule?
A rule that removes a person from the automation, such as when they buy or unsubscribe.
How soon must you act on an unsubscribe request?
Promptly, within your country's limit (no later than 10 business days in Canada and the US).
How long must your unsubscribe link and contact information stay valid after you send?
Long enough for people to opt out later (in Canada, at least 60 days).
Why is silence not consent?
A person who does not click has not agreed; you need a positive yes (express consent).
Why separate transactional and marketing emails?
A message that only confirms or completes a transaction can be exempt from consent, but marketing needs consent, identification and an unsubscribe.
How do you calculate conversion rate for an automation?
People who reached the goal ÷ people who entered x 100.
Final exam
This lesson is part of full access: every course and every level for one payment.
Certificate
This lesson is part of full access: every course and every level for one payment.