Canadian Anti-Spam Legislation
We all know that email spam is a problem. Unwanted emails in our inbox are just a big nuisance. Starting July 1st, 2014 new Anti-Spam Legislation is being introduced in Canada. What does this mean for the email marketer? Or for the community group or volunteer organization?
Basically the legislation deals with Commercial Electronic Messages or “CRM” which means e-mails, texts, social media messages or any other form of electronic communication to third parties, whether they are businesses, consumers, members, volunteers or donors. CASL’s definition of “commercial” includes activities carried on without the prospect of gain.
There are 3 simple rules to follow when sending CEMs:
- Consent – You must have expressed or implied consent to send a message.
- Identification – You must clearly and simply identify yourselves and anyone else on whose behalf the message is sent.
- Unsubscribe Mechanism – In every message you send, you must provide a way for recipients to unsubscribe from receiving messages in the future.
New consents are required
Consent under CASL can be express or implied. Unlike Canadian privacy laws which permit “opt out” consent for less sensitive types of information, such as receipt of marketing information, this form of consent is not sufficient under CASL for the receipt of marketing information by electronic means.
Some examples of CEMs include:
- offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land;
- offers to provide a business, investment or gaming opportunity;
- promoting a person, including the public image of a person, as being a person who does anything referred to above, or who intends to do so.
The following resources will help prepare your organization for compliance:
Anti-Spam Toolkit
Provided for internal use in your own organizations, courtesy of Barry Sookman, McCarthy Tetrault
Webinar: What You Need to Know About Canada’s New Anti‐Spam Legislation
Hosted by the Canadian Chamber of Commerce and the Retail Council of Canada
PowerPoint: What You Need to Know About Canada’s New Anti‐Spam Legislation
Provided by the Canadian Chamber of Commerce and the Retail Council of Canada
CASL presentation to Alberta Chambers of Commerce members
Provided courtesy of the Alberta Chambers of Commerce and Dentons Canada LLP
Q & A on CASL
Prepared by the Canadian Chamber of Commerce
How to Prepare for CASL
Prepared by the Canadian Chamber of Commerce
CASL – FAQs
