What is CASL?
The
Canadian Anti-Spam Legislation (CASL) is a law that came into effect on July 1, 2014, aimed at regulating commercial electronic messages (CEMs). It is designed to protect Canadians from spam, hacking, malware, and other online threats while ensuring businesses can continue to compete in the global marketplace.
Who Needs to Comply with CASL?
Any individual or organization that sends commercial electronic messages to Canadian residents must comply with CASL. This includes emails, text messages, social media messages, and any other form of electronic communication intended to promote or market a product, service, or business.What Constitutes a Commercial Electronic Message (CEM)?
A CEM is any message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. This includes offers to purchase, sell, barter, or lease a product, goods, services, or land, as well as promotions, advertisements, and any form of business solicitation.What Are the Key Requirements of CASL?
To comply with CASL, senders must meet three primary requirements: Consent: Obtain express or implied consent from recipients before sending CEMs.
Identification: Clearly identify the sender and provide contact information within the message.
Unsubscribe Mechanism: Provide a straightforward way for recipients to opt-out of receiving future messages.
What is Express Consent?
Express consent is when a recipient clearly agrees to receive CEMs. This can be obtained through sign-up forms, subscription confirmations, or any other direct, affirmative action by the recipient. Express consent does not expire unless the recipient withdraws it.
What is Implied Consent?
Implied consent exists in situations where there is an existing business relationship, non-business relationship, or the recipient has conspicuously published their email address without indicating they do not wish to receive unsolicited messages. Implied consent is time-limited, typically lasting for two years from the date of the last transaction or interaction.
How to Obtain Consent?
To obtain consent, senders can use sign-up forms on their websites, at points of sale, or through other methods where recipients can provide their email addresses willingly. It is essential to keep records of how and when consent was obtained to prove compliance if required.What Information Must Be Included in a CEM?
Each CEM must include: The sender’s name and contact information, including a valid mailing address and either a phone number, email address, or web address.
A clear and conspicuous
unsubscribe mechanism that allows recipients to opt-out from receiving future messages. The unsubscribe request must be processed within 10 business days.
What Are the Penalties for Non-Compliance?
Non-compliance with CASL can result in significant penalties, including fines of up to $1 million for individuals and $10 million for businesses per violation. Additionally, directors, officers, and agents of a corporation may also be held personally liable for non-compliance.How to Ensure Compliance?
Businesses can ensure compliance by: Regularly reviewing and updating their email marketing policies and practices.
Training staff on CASL requirements and best practices.
Maintaining accurate records of consent and keeping up-to-date with any changes in legislation.
Implementing a reliable system for managing and processing unsubscribe requests.
Conclusion
CASL is an essential regulation for anyone involved in email marketing to Canadian residents. By understanding and adhering to its requirements, businesses can build trust with their audience, avoid hefty fines, and foster a positive reputation in the marketplace.