CANADA’S ANTI-SPAM LAW (CASL)
14
Regulations & Bulletins
91
Articles & Provisions
$ 5,973,000
In Fines Imposed
980,000
Registered Complaints
Newsletters
“Commercial electronic messages are the primary source of what prompts Canadians to report cases that require follow-up investigation—commercial email messages that you or your organisation may be responsible for sending. Email messages account for more than three-quarters of incidents reported to us.“
CASL REGULATES ALL COMMERCIAL ELECTRONIC MESSAGES
The Canadian Anti-Spam Law regulates all commercial electronic messages:
Commercial: communication that promotes a transaction or commercial activity, even if a transaction takes place or not.
Electronic: communication that can be read on an electronic device.
Message: communication to one or more people.
A message may be commercial even if it is not promotional. And each message must meet all the requirements of CASL, even if it’s a single email sent to a client.
CASL REQUIRES PRIOR CONSENT
No commercial electronic message can be sent without the recipient’s consent to receive such communication.
N.B.: A message requesting consent is a commercial electronic message.
This means that you can not send an email to ask for consent, to someone who has not already provided some form of consent.
EXPRESS CONSENT
This is the primary form of consent that the Canadian Anti-Spam Law requires you to obtain, to be able to send commercial electronic messages.
Express consent is when the recipient has taken action to indicate that they want to receive your commercial electronic messages. This involves filling out a form, ticking a box, or any other clear way of proving that the person has requested to receive your messages.
Consent is limited to messages to which the person has agreed to. Subscribing to a newsletter gives you the right to send newsletters and nothing else!
Express consent expires only when the person removes it.
IMPLIED CONSENT
CASL allows for situations where commercial electronic messages may be sent in the absence of express consent. Implied consent, however, has strict conditions and an expiration date. It applies to:
- Personal and Business Relationships
- Recent Customers
- Requests for Commercial Information
- Some B2B Contacts
- Documented References
- Etc.
CASL REQUIRES AN UNSUBSCRIBE MECHANISM IN EACH MESSAGE
Each commercial electronic message must indicate how one can quickly withdraw consent. While it is commonly done for newsletters, many companies ignore that this is also required for individual emails, text messages, and all other types of commercial electronic messages.
If the unsubscribe mechanism offers several options, the option to “unsubscribe from all messages” must be included.
If the unsubscribe mechanism does not provide options, the unsubscribe automatically applies to all messages from the company.
60-DAY
VALIDITY
2 CLICKS
MAXIMUM
100 %
OF MESSAGES
CASL’S MANDATORY IDENTIFICATION INFORMATION
The Canadian Anti-Spam Law requires that each commercial electronic message includes the information necessary to identify and contact the sender.
This includes the sender’s email address, name, title, business name, telephone number, civic mailing address and website URL.
This information must be present and visible in all commercial electronic messages including individual emails, newsletters, text messages, etc.
If the message is sent from another party or a referenced contact, the identification and contact information of each party involved must be included.
CASL IS COMPLEX
Many companies and observers think that CASL is limited to consent. However, of the fines imposed to date, almost half of them were given to businesses that were compliant for consent but failed on other aspects of the law.
The Canadian Anti-Spam Act, with its 43 pages, regulations, and various guidelines and bulletins, is not only the toughest of its kind internationally but also the most complex.
The list below includes all regulatory and legal texts related to CASL that must be taken into account when sending commercial electronic messages.
- An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act
- Telecom Regulatory Policy CRTC 2012-183
- Compliance and Enforcement Regulatory Policy CRTC 2014-312
- Regulations from the Governor General in Council
- Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC)
- Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation
- Amendment to Electronic Commerce Protection Regulations (CRTC)
- Guidelines to help businesses develop corporate compliance programs
- Guidelines regarding the general administrative monetary penalties regime under the Telecommunications Act
- From Canada’s Anti-Spam Legislation (CASL) Guidance on Implied Consent
- Enforcement Advisory – Notice for businesses and individuals on how to keep records of consent
- Compliance and Enforcement Decision CRTC 2016-428
- Application of the Competition Act to Representations on the Internet
- Changes to Canada’s privacy laws under the Anti-Spam Act: A detailed guide for businesses doing e-marketing
LEARN MORE ABOUT CANADA’S ANTI-SPAM LAW
LAW ENFORCEMENT
Discover the three organisations authorised to carry out investigations as well as the various fines they have already imposed.
A DEFENCE PROVISION
CASL provides a single and unique defence provision for businesses. Find out what it is and how to benefit from it.
YOUR FREE CONSULTATION
If you have questions about your company’s compliance or your email marketing practices, speak with one of our experts.
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