CASL
Every single day our inboxes are flooded with nonstop emails. Some are welcome… others not so much.
The distinction between wanted emails and unwanted spam can sometimes blur.
Enter CASL, or the Canadian Anti-Spam Legislation, Canada's attempt to protect both consumers and business from “the misuse of digital technology, including spam and other electronic threats”.
Not to be confused with CAN-SPAM on the US side of things, CASL has its own set of rules and regulations.
Whether you're an email marketer, SaaS owner, or simply a concerned consumer, understanding CASL is vital.
In this email marketing glossary post, we'll attempt to cover the basics of this Act, its significance in the email marketing landscape, and how businesses can ensure full compliance to foster trust and maintain healthy email relationships.
However, it’s important to note that we are not lawyers. Please do not consider this legal advice and consult a lawyer to ensure that you are in full compliance.
What is the CASL Act?
ELI5: The CASL Act went into affect on July 1, 2014 and aims to combat spam for consumers and encourage email marketing best practices from businesses.
In other words, the Act put regulations in place to control the abuse of digital technology. This includes sending Commercial Electronic Messages (CEM) without consent, adding email addresses to your list without consent, and more.
Requirements of the CASL Act
The CASL Act establishes several key requirements for businesses and individuals who send commercial emails. Here are the main requirements of the CASL Act:
Obtain either Express or Implied Consent
Express Consent: Directly asking a potential recipient if you can email them and they agree. This consent is valid until a contact opts out on their own.
Implied Consent: A previous business relationship exists (ex. previous purchase) but express consent has not been granted. The recipient must re-engage in some sort of business relationship with you at least once every two years for implied consent to be valid.
Clearly identify yourself/your organization
Include an unsubscribe mechanism in every CEM
Act on unsubscribe requests within 10 business days
Obtain express consent for software/computer program installations
Describe the software/program's function before installation
Keep records of how consent was acquired
Visit CRTC for a detailed breakdown of these requirements.
Penalties
The CASL Act is one of the strictest anti-spam regulations in the world.
Each separate violation of the CASL Act can result in fines up to $1 million for individuals and $10 million for businesses.
With potential fines in the millions, it’s important to consult a lawyer to ensure that you are always in full compliance.
Key takeaways
CASL was formed in 2014 as Canada ramped up efforts to curb spam and unsafe digital transactions.
Email senders must receive either implied or express consent before sending Commercial Electronic Messages (CEM).
Failure to comply with the CASL act can result in fines up to $10 million.
This post is not legal advice. Consult a lawyer to ensure that you are always within full compliance.
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Every single day our inboxes are flooded with nonstop emails. Some are welcome… others not so much.
The distinction between wanted emails and unwanted spam can sometimes blur.
Enter CASL, or the Canadian Anti-Spam Legislation, Canada's attempt to protect both consumers and business from “the misuse of digital technology, including spam and other electronic threats”.
Not to be confused with CAN-SPAM on the US side of things, CASL has its own set of rules and regulations.
Whether you're an email marketer, SaaS owner, or simply a concerned consumer, understanding CASL is vital.
In this email marketing glossary post, we'll attempt to cover the basics of this Act, its significance in the email marketing landscape, and how businesses can ensure full compliance to foster trust and maintain healthy email relationships.
However, it’s important to note that we are not lawyers. Please do not consider this legal advice and consult a lawyer to ensure that you are in full compliance.
What is the CASL Act?
ELI5: The CASL Act went into affect on July 1, 2014 and aims to combat spam for consumers and encourage email marketing best practices from businesses.
In other words, the Act put regulations in place to control the abuse of digital technology. This includes sending Commercial Electronic Messages (CEM) without consent, adding email addresses to your list without consent, and more.
Requirements of the CASL Act
The CASL Act establishes several key requirements for businesses and individuals who send commercial emails. Here are the main requirements of the CASL Act:
Obtain either Express or Implied Consent
Express Consent: Directly asking a potential recipient if you can email them and they agree. This consent is valid until a contact opts out on their own.
Implied Consent: A previous business relationship exists (ex. previous purchase) but express consent has not been granted. The recipient must re-engage in some sort of business relationship with you at least once every two years for implied consent to be valid.
Clearly identify yourself/your organization
Include an unsubscribe mechanism in every CEM
Act on unsubscribe requests within 10 business days
Obtain express consent for software/computer program installations
Describe the software/program's function before installation
Keep records of how consent was acquired
Visit CRTC for a detailed breakdown of these requirements.
Penalties
The CASL Act is one of the strictest anti-spam regulations in the world.
Each separate violation of the CASL Act can result in fines up to $1 million for individuals and $10 million for businesses.
With potential fines in the millions, it’s important to consult a lawyer to ensure that you are always in full compliance.
Key takeaways
CASL was formed in 2014 as Canada ramped up efforts to curb spam and unsafe digital transactions.
Email senders must receive either implied or express consent before sending Commercial Electronic Messages (CEM).
Failure to comply with the CASL act can result in fines up to $10 million.
This post is not legal advice. Consult a lawyer to ensure that you are always within full compliance.