Understanding Privacy & Data

Projects must follow the Privacy and Data Policy when they collect and handle personal data. 

Under Canadian guidelines, there are two types of consent for mass communication:

  • Implied consent is when an individual establishes a relationship with an organization through something like volunteering or making a donation. Implied consent is typically valid for a period of two years. 
  • Express consent is given when an individual explicitly agrees to be contacted by an organization. MakeWay recommends that Projects get express consent from all individuals. 

Canada's Anti-Spam Legislation (CASL) came into effect in 2014. This legislation pertains only to commercial electronic messages (CEMs), meaning messages that:

  • Promote a product or service.
  • Are sent by email, text, tweet, instant message or other electronic means.

If electronic messages aren't commercial in nature, CASL does not apply. CASL also does not apply to regular mail, websites, or other non-electronic methods of communications.

Projects that send electronic messages to promote a product or service must ensure those messages are in compliance with the legislation. For example, CASL would apply to an e-newsletter that features a corporate sponsor and encourages recipients to engage in commercial activity with that sponsor. The Support Team, as part of their normal review of Project communications, will evaluate whether electronic messages are commercial in nature.