The Canadian Anti-Spam Law (CASL) was enacted in 2010 and came into effect on July 1, 2014. CASL is a legislation aimed at reducing spam emails, texts, and other electronic messages sent to Canadians. It requires organisations to obtain consent from recipients before sending commercial electronic messages (CEMs) and provides guidelines for the content of these messages. CASL also requires organisations to provide clear identification information and an unsubscribe mechanism in their CEMs. The law applies to all organisations, both Canadian and foreign, that send CEMs to Canadian recipients. Non-compliance with CASL can result in significant penalties, including fines of up to $10 million for businesses and $1 million for individuals.
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.
The CASL came into effect on July 1, 2014.
The CASL applies to anyone who sends CEMs to Canadian recipients, regardless of their location. This includes individuals, businesses, and organisations.
The CASL requires senders of CEMs to obtain consent from recipients, provide identification information, and include an unsubscribe mechanism in their messages.
Implied consent refers to situations where there is an existing business or non-business relationship between the sender and recipient, which implies consent to receive CEMs. However, implied consent has time limitations and may expire after a certain period.
To obtain express consent, senders must clearly and prominently request consent, provide information about the purpose of the messages, and obtain a positive opt-in response from recipients.
Non-compliance with the 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.
Yes, there are certain exemptions to the CASL, such as messages sent within an organisation, messages sent between family members or friends, and messages responding to inquiries or complaints.
While the CASL primarily applies to messages sent to Canadian recipients, it may still apply if the CEMs are accessed or received in Canada. It is advisable to comply with the CASL to ensure compliance with Canadian law.
To ensure compliance with the CASL, it is recommended to implement proper consent management systems, maintain accurate records of consent, include required identification and unsubscribe information in CEMs, and regularly review and update compliance practices. Seeking legal advice is also advisable to ensure full compliance with the law.
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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