Canada began enforcing CASL on July 1, 2014.
Canada's Anti-Spam Legislation (CASL) establishes rules for sending commercial electronic messages (CEMs) and prohibits the unauthorized alteration of transmission data. Most importantly, the legislation requires that consent be obtained before sending a CEM. CASL applies to every CEM sent from or accessed by a computer system located in Canada.
CASL provides the Canadian Radio-television and Telecommunications Commission (CRTC) – the enforcement agency under the legislation – with new investigatory powers, as well as the ability to impose administrative monetary penalties of up to $10 million per violation. CASL also includes a private right of action that allows individuals and companies to sue and recover damages resulting from violations of the Act.
CASL affects any individual, business or organization that sends electronic messages into Canada. It is important to remember that you don't need to stop sending emails after July 1, 2014. If you've already been mailing to your contacts for a while and you have a pre-existing relationship with them that predates July 1, 2014, then you are deemed to have implied consent for the next three years. This means you can continue sending to these recipients until July 1, 2017.
Similar to CAN-SPAM, CASL features three essential components that apply to the sending of a CEM – consent, identification and unsubscribe. Basically, a sender will need to obtain consent from the recipient before sending a message and will be required to include in the message information that identifies the sender and enables the recipient to withdraw consent to receiving further messages.
It is imperative to have a plan in place to ensure that your email marketing efforts are CASL-compliant and a team to complete a number of crucial activities, which we have outlined in our CASL Compliance Checklist.
We have compiled a number of helpful resources to make it convenient for you to understand and comply with the regulations established by CASL.
To learn more about Canada's Anti-Spam Legislation, please visit http://fightspam.gc.ca/.
Do you have a question that you are unable to find an answer to? Please reach out to Listrak's privacy team at email@example.com.
The contents of this page and the resource documents provided are for informational purposes only and are not intended
to be legal counsel.