Canada’s Anti-Spam Legislation: All You Need to Know

Introduction: What is CASL?

The commission (CRTC) has published the final regulations and Regulatory Impact Analysis Statement related to Canada’s anti-spam legislation. The Act is aimed at protecting the interest of Canadian citizens, while allowing businesses to continue to compete in the global marketplace.

On January 15, 2015, sections of the Act related to the unsolicited installation of computer programs or software will come into force.

A copy of these documents can be found below:

• Regulations and Regulatory Impact Analysis Statement
• Order and Explanatory Note

Implications: How Does It Impact Your Business?

CASL creates three new requirements regarding sending commercial electronic messages (CEM) to an electronic address, such as sending emails or text messages.

1. Consent

In order send CEM, you must possess express or implied consent. Here is what they mean:

Expressed Consent is when an individual willingly subscribe to sender’s mailing list.
Implied Consent is when there is an existing relationship between the sender & receiver.

2. Identification

Your CEM must clearly represent the identity of the sender, whether individual or business. The communication must include at least one of the following:

• A valid postal address
• Contact number
• E-mail address
• Website Address

Note: Make sure that the information shared remains valid for at least 60 days after the message is sent.

3. Unsubscribe Mechanism

Every CEM you send must include an UNSUBCRIBE button or mechanism. The unsubscribe request must be proceed without delay within 10 working days.

Getting Ready: What Needs To Be Done?

Proper preparation and implementation of your digital marketing efforts can ensure CASL compliance. In order to avoid facing any of the penalties or enforcements associated with CASL, you need to make sure that all of your Digital Marketing efforts meet all the requirements laid out by the Act.

Consent

• Clearly inform all subscribers about for what they are signing up.
• Conduct ‘double opt in’ to create subscriber groups.
• Keep the proof of all the details regarding the provision of consent.
• Prepare your database as per the requirements prescribed by CASL.

Identification

• Your opt-in form must contain a valid identity & business proof.
• Do not send false or misleading CEM.

Unsubscribe Option

• You CEM must include an unsubscribe button.
• Keep your unsubscribe mechanism clear & straight-forward.
• All requests must be processed within 10 working days from the day of receipt.

Any negligence on your part is sure to translate into various hassles for you and your business. Hope this brief read comes in handy to ensure that are ready when CASL comes around. On the whole, if you follow the prescribed guidelines, you don’t have any reason to worry.