Please note that information on our website, help documentation, presentations and responses by our staff do not constitute legal advice.
Envoke's role is to facilitate the management of consent settings, not to enforce legislation.
We do this by setting defaults that apply to the majority of use cases and facilitate obtaining and updating documented express consent and managing rolling expiry dates for implied consent.
- CASL: applicable to Canadian contacts. Consent is required to send emails. Consent can be express (doesn't expire) or implied (expires).
- GDPR: applicable for EU contacts. Express consent required to send emails. Implied consent is only available in the form of "legitimate interest" - this can be applied to contacts from the interface only (import, manual or bulk update) by using the "Implied - no expiry" consent option.
- Opt-out system: used in the USA (among other countries).
No express consent required to send emails as long as an opt-out mechanism is provided.
Related article: available consent states and usage examples.
Obtaining consent on forms:
- You need to add a consent checkbox to forms to capture express consent. For dedicated subscribe forms this checkbox can be hidden.
- If express consent is not provided - checkbox not checked - the contact will be added with either an expiring implied consent for CASL, no consent for GDPR or non-expiring implied consent for anyone not subject to CASL or GDPR. To determine if a contact is subject to GDPR, CASL or neither the location of contacts is auto-detected (country only).
Setting consent when a list is imported, a single contact is added or inserted via the API:
- Providing the consent status for new contacts is mandatory. Select the appropriate consent status and describe how consent was obtained. This description is not shared with contacts; it is logged to become part of the consent audit trail. Related articles: importing consent status, importing original consent date.
Automatic consent management
- Implied consent automatically expires as per these expiry rules.
- Contacts can confirm and revoke consent on their own on the consent and preferences page.
Manual consent update
Prevent consent expiry / soliciting express consent
- How to prevent expiry of implied consent: Features and tips to help you maximize the number of contacts where you have a valid consent for sending email.