The Canadian Anti-Spam Law (CASL) of 2010 is a legislation aimed at reducing spam and protecting Canadians from unwanted electronic messages. The law has several core requirements that organisations must comply with when sending commercial electronic messages (CEMs) to Canadian recipients.
Firstly, CASL requires organisations to obtain consent from recipients before sending them CEMs. Consent can be obtained either through an express or implied consent. Express consent is obtained when the recipient explicitly agrees to receive CEMs, while implied consent can be assumed in certain situations, such as an existing business relationship or a publicly disclosed email address.
Secondly, CASL mandates that all CEMs must include accurate sender identification information, including the sender’s name, organisation, and contact information. This ensures that recipients can easily identify and contact the sender if needed.
Thirdly, CASL requires organisations to provide a clear and prominent unsubscribe mechanism in all CEMs. Recipients must be able to easily opt-out of receiving further messages, and organisations must promptly honour these requests.
Additionally, CASL prohibits the installation of computer programs without the recipient’s consent. This provision aims to prevent the installation of malware or unwanted software on users’ devices.
Organizations that violate CASL can face significant penalties, including fines of up to $10 million for businesses and $1 million for individuals. Therefore, it is crucial for organisations to understand and comply with the core requirements of CASL to avoid legal consequences and maintain a positive relationship with Canadian recipients.
The Canadian Anti-Spam Law (CASL) is a legislation enacted in 2010 to regulate commercial electronic messages (CEMs), including emails, text messages, and social media messages, sent to Canadian recipients.
CASL applies to anyone who sends CEMs to recipients in Canada, regardless of their location. This includes individuals, businesses, and organisations.
The core requirements of CASL include obtaining consent from recipients before sending CEMs, providing identification information in the messages, and offering an unsubscribe mechanism.
Consent can be obtained either through express consent, where the recipient explicitly agrees to receive CEMs, or implied consent, which is based on an existing business or non-business relationship with the recipient.
CEMs must include the sender’s contact information, such as their name, mailing address, and either a telephone number or email address. This information should be readily accessible and accurate.
Under CASL, you can send CEMs to existing customers without their express consent for a limited period of time, provided there is an existing business relationship and the messages relate to the recipient’s business activities.
Non-compliance with CASL can result in significant penalties, including fines of up to $10 million for businesses and up to $1 million for individuals. Additionally, individuals may face personal liability for violations.
CASL includes certain exemptions, such as messages sent within an organisation, messages responding to inquiries or complaints, and messages sent between family members or friends.
It is recommended to keep records of consent for at least three years from the date it was obtained. These records should include information about how consent was obtained and when it was given.
CASL only applies to CEMs sent to recipients in Canada. If you are sending messages solely to recipients outside of Canada, you are not required to comply with CASL. However, it is important to ensure compliance with the anti-spam laws of the recipient’s jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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