Canadian Anti-Spam Legislation (CASL) requires that companies obtain implied or expressed consent prior to sending any commercial electronic messages as of July 1st, 2014. This includes emails, faxes, text messages, messages sent via social media messaging and other telecommunication messages sent for commercial purposes.
What information do I need to prove I have received expressed consent?
- A record of whether consent was obtained in writing or orally
- A record of when it was obtained
- A record of why it was obtained
- A record of the manner in which it was obtained
What information do I need to prove I have received implied consent?
- A record that you have an existing business relationship where the recipient has:
- Purchased or leased goods, services or products from your business in the last 24 months
- Signed a written or electronic contract with your business in the last 24 months
- Been involved in an investment or gaming opportunity with your business in the last 24 months
- A record that you have an existing non-business relationship where the recipient has:
- Volunteered, given a gift or made a donation to your political organization or registered charity in the last 24 months
- Been a member of your organization’s club, association or not-for-profit volunteer association in the last 24 months
When does consent expire?
- Expressed consent expires if the recipient revokes consent by unsubscribing
- Implied consent received prior to July 1st 2014 expires on July 1st 2017, or if the recipient revokes consent by unsubscribing, whichever is earlier
- Implied consent received after July 1st 2014 expires after 24 months, or if the recipient revokes consent by unsubscribing, whichever is earlier
What is required when sending any commercial electronic messages?
- Consent from the person to whom you’re sending the CEM
- You must clearly identify yourself with your name and company name
- Your information so that the recipient can easily contact you. This includes your email, mailing address, phone number & website
- An easy-to-find free unsubscribe method that will be processed within 10 business days
When is consent not needed?
- Quotes or estimates
- Messages that facilitate or confirm transactions
- Provides warranty, recall, safety or security information
- Provides information about:
- Ongoing use or ongoing purchases
- Ongoing subscriptions, membership, accounts, loans or similar
- Employment relationships or benefit plans
- Delivers a product good or service, including updates and upgrades
You can find more information on CASL at http://fightspam.gc.ca. This email provides only a small overview of CASL and is not a substitute for the law itself. We strongly advise seeking legal advice regarding how to comply.