What is CASL?
CASL, or the Canadian Anti-Spam Legislation, is a law that regulates email marketing and other forms of digital communication in Canada. Implemented on July 1, 2014, the legislation aims to protect consumers from
spam and other electronic threats while ensuring that businesses can continue to interact with their customers effectively.
Why is CASL Important?
CASL is crucial for both
marketers and consumers. For marketers, compliance with CASL is essential to avoid hefty fines and legal consequences. For consumers, CASL offers protection against unsolicited emails and potential
phishing attacks. By adhering to CASL, businesses can build trust and maintain a positive relationship with their audience.
Who Needs to Comply with CASL?
Any individual or organization that sends commercial electronic messages (CEMs) to recipients in Canada must comply with CASL. This includes businesses, non-profits, and even individuals who send CEMs as part of their
business activities. It's important to note that CASL applies regardless of where the sender is located if the recipient is in Canada.
Consent: Senders must obtain either explicit or implicit consent from recipients before sending CEMs. Explicit consent involves a clear, affirmative action by the recipient, such as checking a box or signing up for a newsletter. Implicit consent can be derived from existing business relationships, such as a recent purchase or an inquiry.
Identification: All CEMs must clearly identify the sender, including the sender's name, business name, and contact information. This helps recipients know who is contacting them and how to reach them if necessary.
Unsubscribe Mechanism: Every CEM must include an easy and effective way for recipients to unsubscribe from future communications. The unsubscribe request must be honored within 10 business days.
What are the Penalties for Non-Compliance?
Non-compliance with CASL can result in significant 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 and organizations can sue for damages resulting from non-compliant messages.
How to Obtain Consent under CASL?
Consent is a cornerstone of CASL compliance. To obtain explicit consent, you must provide a clear explanation of the purpose for which consent is being sought and request an affirmative action from the recipient. For implicit consent, you can rely on existing business relationships, but be aware that this type of consent has an expiration date (typically two years from the date of the last transaction or inquiry).
Audit your email list to ensure you have proper consent from all recipients.
Include clear identification information in every CEM.
Provide an easy-to-use unsubscribe mechanism in all your emails.
Keep records of consents and unsubscribe requests to demonstrate compliance if needed.
Regularly review and update your email marketing practices to stay aligned with CASL requirements.
Conclusion
CASL is a critical piece of legislation for anyone involved in
email marketing in Canada. By understanding and adhering to its requirements, you can protect your business from penalties and build stronger relationships with your audience. Always prioritize obtaining proper consent, providing clear identification, and offering an easy way to unsubscribe to stay compliant and maintain trust with your recipients.