What is CASL?
Canada's Anti Spam Legislation (CASL) is a set of laws that regulate electronic messages (including emails) with the aim of protecting Canadians from unsolicited spam, malware, and other electronic threats. Enacted on July 1, 2014, CASL is considered one of the most stringent anti-spam laws globally.
Who Does CASL Apply To?
CASL applies to any individual or organization that sends commercial electronic messages (CEM) to Canadian residents. This includes businesses based both inside and outside of Canada. Essentially, if you're sending emails to Canadian recipients, you must comply with CASL.
What Constitutes a Commercial Electronic Message (CEM)?
A CEM is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. This includes emails promoting products, services, or business opportunities. If an email has a commercial purpose, it is likely classified as a CEM under CASL.
Consent: You must have the recipient's consent to send them emails. This can be either express consent (explicitly given) or implied consent (based on an existing relationship).
Identification: Your emails must clearly identify the sender and provide contact information.
Unsubscribe Mechanism: All CEMs must include a clear and easy way for recipients to unsubscribe from future messages.
Express Consent: This is explicit permission given by the recipient, often through an opt-in checkbox or form.
Implied Consent: This can be based on an existing business relationship, a non-business relationship, or if the recipient has conspicuously published their email address.
Express consent does not expire, but implied consent does, usually after two years, unless renewed.
The sender's name and business name (if applicable).
The sender's physical address and, if available, a phone number or email address.
A clear and easy way for recipients to
unsubscribe.
Penalties for Non-Compliance
Non-compliance with CASL can result in severe penalties, including fines up to $1 million for individuals and $10 million for businesses. Additionally, directors and officers of a company can be held personally liable for violations.Best Practices for CASL Compliance
To ensure compliance with CASL, follow these best practices: Always obtain
clear and documented consent.
Keep detailed records of all consents obtained.
Include all required identification and contact information in your emails.
Provide a straightforward and functional unsubscribe mechanism.
Regularly review and update your email marketing practices to stay compliant.
Conclusion
Understanding and complying with CASL is crucial for any business engaged in
email marketing to Canadian recipients. By adhering to the legislation's requirements and following best practices, you can avoid hefty fines and build a trustworthy relationship with your audience.