What is CASL? How do I comply?

Canada's Anti-Spam Legislation (CASL) went into effect July 1, 2014. It applies to anyone sending a commercial electronic message to an electronic address in Canada, regardless of where the sender is located. Organizations that already comply with permission-based email marketing best practices will require little effort to comply with CASL.

In this article

CASL Requirements

  1. Consent - you must have a valid form of consent from the recipient
  2. Identification - you must clearly identify yourself and your organization, including your mailing address and a phone number, email address, or web address for the sender
  3. Unsubscribe mechanism - you must provide a valid unsubscribe mechanism (all CampaignBreeze campaigns comply)
  4. Truth in advertising - you must not provide false or misleading information in the sender details, subject line, or content

CASL Consent

For the purposes of CASL, there are two types of consent: express consent and implied consent.

Express Consent

  • Valid consent given in writing or orally
    • The recipient gave you a positive or explicit indication of consent to receive commercial electronic messages
    • The recipient subscribed via a valid sign up form
  • Not time-limited, unless the recipient withdraws their consent
  • You must keep records of how you obtained express consent

Implied Consent

  • Existing business or non-business relationship
    • The recipient made, or inquired about, a purchase, investment or contract
    • The recipient provided a gift, donation or volunteer work to your charity or political party/candidate
    • The recipient is a member of your club, association or voluntary organization
  • The recipient's email address was conspicuously published or sent to you without any restrictions, and your message relates to the recipient's activities in a business capacity
  • Valid for two years from the date of purchase or inquiry
  • You must keep records of how you obtained implied consent

Penalties

There are no automatic penalties. The Canadian Radio-television and Telecommunications Commission (CRTC) has a range of enforcement tools available, from warnings to penalties up to $1 million for individuals and $10 million for businesses.

Additional Resources

We provide several features and tools to help you manage your compliance needs. See also: Confirmed Contacts

We also encourage you to visit the Government of Canada's website for CASL: http://fightspam.gc.ca/, and https://crtc.gc.ca/eng/internet/anti.htm.

NOTE: Specific conditions apply, and this article is not a substitute for legal advice. We strongly recommend you seek your own legal counsel regarding any compliance issues for your organization.