CASL
CASL is Canada’s anti-spam law. Commercial electronic messages need express or implied consent, sender identification, and a working unsubscribe.
Canada’s Anti-Spam Legislation (CASL) governs commercial electronic messages (CEMs), such as emails promoting a product or service. Unless an exemption applies, senders need consent, must identify themselves, and must include an unsubscribe mechanism in the message. This summary follows the CRTC’s guidance on implied consent and is not legal advice.
Express and implied consent
Express consent means the recipient clearly agreed, in writing or orally, through an opt-in action such as signing up on your website. It lasts until withdrawn. An email asking for express consent is itself a CEM.
Implied consent applies only in situations CASL defines, such as an existing business relationship. A purchase supports CEMs for two years after the transaction. A written contract supports them while it is in force and for two years after it ends. An inquiry supports them for six months. A conspicuously published address can be used only if no statement says otherwise and the message relates to the recipient’s business role.
Proof and unsubscribes
The sender must be able to prove consent, so keep records of how and when each address was obtained. After an unsubscribe request, stop sending CEMs within 10 business days.
Related: CAN-SPAM, Opt-in (or Subscribe), Opt-out (or Unsubscribe), One-click unsubscribe, Spam (or Junk), Double opt-in, Permission marketing.