Understanding the impact of Canada’s Anti Spam Legislation (CASL) on Dental Practice Communication with Patients

As part of our effort to provide the best customer experience, we continue to pass on information that we feel will help your practice get the most out of your online presence and safeguard your brand.

When sending out any communication to your patients, you need to consider the implication of Canada’s Anti Spam Legislation (CASL).

In December 2010, the Canadian Government passed legislation, https://www.fightspam.gc.ca), that is designed to protect individuals from unsolicited messages either email, text messaging, or social media. The final phase of the law came into effect in 2017 requiring all companies to have consent from the recipient. It is an opt-in law meaning consent must have been obtained to allow your practice to send messages to your patients.

There are 2 forms of consent, Express and Implied.

Express consent

Express consent means that a person has clearly agreed (orally or in writing) to receive messages from your practice. Express consent does not expire. The consent is valid until a patient withdraws their consent. Your practice needs to take steps to ensure tracking of consent is gathered and recorded as mandated by the legislation.

Examples of Express consent:
- Fill out a form on your website where it is clear that the patient is willing to accept messages from you
- Click on a link to confirm subscription on a confirmation email
- Checks an unchecked box during purchase process

Implied consent

Implied consent means that a person has indirectly agreed to consent by purchasing from your practice or inquiry about a product or service. The length of time that consent is valid varies based on the type of activity. For a purchase, the implied consent is valid for 24 months. If it was an inquiry about a product or service, the consent is valid for only 6 months. If the patient has not “renewed” its implicit consent during that time frame, for example by buying from your practice again, the implied consent expires. In this case, your practice is prohibited from sending messages.

If any communication is targeting patients that you have not seen in the last 2 years than express consent has to be obtained to avoid financial penalties.