Define: Canadian Anti Spam Law Of 2010 Administrative Framework

– CASL is a legislation enacted by the Canadian government to regulate commercial electronic messages, including emails, text messages, and social media messages, in order to combat spam and protect Canadians from unwanted communications.

– CASL applies to anyone who sends commercial electronic messages to recipients in Canada, regardless of their location. This includes individuals, businesses, and organisations.

– A commercial electronic message is any message that encourages participation in a commercial activity, such as promoting a product, service, or business. It includes emails, text messages, and messages sent through social media platforms.

– Yes, CASL requires senders to obtain consent from recipients before sending them commercial electronic messages. There are two types of consent: express consent and implied consent.

– Express consent is when a recipient explicitly agrees to receive commercial electronic messages from a specific sender. This consent can be obtained orally or in writing, and the sender must keep a record of the consent.

– Implied consent is when there is an existing business or non-business relationship between the sender and the recipient, which reasonably suggests the recipient’s consent to receive commercial electronic messages. Implied consent has specific time limitations.

– Yes, there are some exceptions to obtaining consent under CASL. For example, messages sent for legal or safety purposes, messages sent within an organisation, or messages responding to a request or inquiry are exempt from the consent requirement.

– Non-compliance with CASL can result in significant penalties. Individuals can face fines of up to $1 million, while businesses and organisations can face fines of up to $10 million. Additionally, individuals may also face personal liability for violations.

– To ensure compliance with CASL, it is important to obtain proper consent, maintain records of consent, provide clear identification of the sender, include an unsubscribe mechanism in all commercial electronic messages, and regularly review and update your compliance practices.

– CASL only applies to messages sent to recipients in Canada. If the recipients are located outside of Canada, you should comply with the anti-spam laws of their respective jurisdictions. However, it is good practice to obtain consent regardless of the recipient’s location to maintain a consistent approach.