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IANAL. Depends on what you're going to do with the email address (and the other data you collect about the user). If it's send them commercial email, the criti
by kjs3 13y ago
IANAL. Depends on what you're going to do with the email address (and the other data you collect about the user). If it's send them commercial email, the critical question is whether or not using the app constitutes an "opt-in" in all jurisdictions. I think you have a good case under US CAN-SPAM Act, as implied consent under the guise of a "business relationship" is in play, but it's much less clear under the Canadian CASL rules, as you have to get explicit consent to receive CEM (implied and transitive consent isn't enough). And EU privacy rules are even more complicated, and cover more than just data collection for sending CEM. We use outside counsels in each jurisdiction when we need to answer questions like this.
P.S. - FWIW, I'm with valarauca1...nothing quite says "do not want" like an app (even worse, a website) that requires me to enter my email before doing anything.