Who Needs to Comply with CASL?
Any individual or organization that sends CEMs to Canadian recipients must comply with CASL. This includes businesses, non-profits, and even individuals using
email marketing for personal ventures. The law applies to messages sent via email, text messages, social media, and other forms of electronic communication.
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 promotions, offers, advertisements, and invitations to business events. Even a simple
newsletter containing promotional content can be considered a CEM under CASL.
What are the Requirements for Sending CEMs Under CASL?
There are three primary requirements for sending CEMs under CASL: Consent: The sender must have the recipient's consent, which can be either express or implied.
Identification: The CEM must clearly identify the sender and provide contact information.
Unsubscribe Mechanism: The CEM must include an easy and clear way for recipients to unsubscribe from future messages.
What is Express Consent?
Express consent means that the recipient has explicitly agreed to receive CEMs from the sender. This consent can be obtained through an
opt-in form, checkbox on a website, or any other method where the recipient actively provides their permission. Importantly, the request for consent must clearly state the purpose for which it is sought and identify the sender.
What is Implied Consent?
Implied consent can be assumed in certain situations, such as: The recipient has an existing business relationship with the sender.
The recipient has made an inquiry or application regarding the sender's products or services in the past two years.
The recipient has conspicuously published their email address without stating they do not wish to receive unsolicited messages.
What Information Must be Included in a CEM?
Each CEM must include the following information: The name of the sender or the person on whose behalf the message is sent.
The sender's physical mailing address and either a telephone number, email address, or web address.
A clear and easy way for the recipient to opt-out or unsubscribe from future messages.
How Can Recipients Unsubscribe?
The unsubscribe mechanism must be simple and effective. It should allow recipients to opt-out from receiving future CEMs within 10 business days. This can be achieved through an
unsubscribe link in the email footer or by replying to the email with a request to unsubscribe.
What are the Penalties for Non-Compliance?
Non-compliance with CASL can lead to severe penalties. Individuals can face fines of up to $1 million per violation, while businesses can be fined up to $10 million per violation. Additionally, CASL allows for private right of action, meaning individuals can sue for damages resulting from non-compliance.Best Practices for CASL Compliance
To ensure compliance with CASL, follow these best practices: Obtain express consent whenever possible.
Clearly identify yourself and provide accurate contact information in all CEMs.
Include a straightforward and functional unsubscribe mechanism in every CEM.
Maintain records of consent in case of inquiries or audits.
Regularly review and update your email marketing practices to remain compliant.
Conclusion
Canadian Anti-Spam Legislation is essential for protecting consumers from unwanted electronic messages. By understanding and adhering to the requirements of CASL, businesses can effectively use
email marketing while maintaining trust and compliance. Remember, the key to success in email marketing is not just in adhering to the law but also in building genuine relationships with your audience.