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Anti-Spam Legislation (CASL)

Please note: This article is for informational purposes only. It is not intended as legal advice, nor does it include all of the terms of the law. Please seek legal counsel to answer questions and provide feedback for compliance with CASL.

Canada's Anti-Spam Legislation (CASL) took effect on July 1, 2014. CASL applies to most forms of electronic messaging, including email, SMS text messages, and certain types of messages via social networks. The law applies to any commercial electronic message (CEM) that is sent or access by a computer system in Canada.

CEM includes any message with one of its purposes to encourage participation in commercial activity (advertisements, promotions, offers, business opportunities, etc.)

Liability

The consequences for spammers includes fines of $1-10M per violation. Individuals and companies are responsible and liable for messages they send. CASL has established a transition period during which the governing bodies may investigate and litigate against parties who do not comply with CASL. However, after July 1, 2017, any individual will be able to sue any entity they believe to be sending spam messages.

Consent

Consent is required before sending a CEM. Consent can be either express or implied.

To obtain express consent, you must:

Under CASL law, a pre-checked box CANNOT be used to obtain express consent.

Implied consent is acceptable in the following circumstances:

Every CEM must include:

Excluded Messages

CASL does not apply for any CEM sent:

In addition to seeking legal counsel, you can use the following pdfs to assist you with identifying needs for your database and electronic messages:

http://www.nnovation.com/fileadmin/user_upload/Images/nNovation_LLP_CASL_Campaign_Checklist.pdf

http://www.nnovation.com/fileadmin/user_upload/Images/nNovation_LLP_CASL_Database_Checklist.pdf

You can access more information about CASL by visiting http://www.canadianadvertisinglaw.com/anti-spam-law/.

Please also consult our Help Center for instructions on how to re-confirm your contacts to stay in compliance with CASL. The article is titled "Re-confirm Contacts for Email".

The Canadian Anti-Spam Laws (CASL) requires unsubscribe links be working and active for 60 days after an email broadcast has been sent from an email marketing platform. Deleting contacts breaks this unsubscribe link.

We prevent contacts from being deleted to protect our customers from violating the law and potentially incurring fines.

Unsubscribe Mechanisms

CASL’s unsubscribe requirement is generally technologically neutral, but nevertheless must: (i) allow recipients to indicate that they no longer want to receive CEMs using the same electronic message (or if not practical any other electronic means enabling the same result); and (ii) specify an electronic address or web link to unsubscribe.

The electronic address or webpage for unsubscribing must be valid for a minimum of 60 days. Recipients who unsubscribe must also be unsubscribed “without delay” and no later than 10 business days after asking to be unsubscribed.

The CRTC Regulations also require that an unsubscribe mechanism must be “set out clearly and prominently” and “must be able to be readily performed.”

According to CRTC guidelines, for an unsubscribe mechanism to be “readily performed” it must be “accessed without difficulty or delay and should be simple, quick and easy for the consumer to use”.

For more information please visit the following website - http://www.canadianadvertisinglaw.com/anti-spam-law/