The Canadian Anti-Spam Law (CASL) of 2010 is a legislation aimed at reducing spam and protecting electronic commerce in Canada. The Electronic Commerce Protection Regulations (ECPR) are a set of regulations that support and enforce CASL.
CASL prohibits the sending of commercial electronic messages (CEMs) without the recipient’s consent. This includes emails, text messages, and social media messages that promote a product, service, or business. The law also requires senders to clearly identify themselves and provide a way for recipients to unsubscribe from future messages.
The ECPR provides further details on how CASL should be implemented and enforced. It outlines the requirements for obtaining consent, including the need for a clear and express agreement from the recipient. The regulations also specify the information that must be included in CEMs, such as the sender’s contact information and a functioning unsubscribe mechanism.
CASL and ECPR have had a significant impact on businesses operating in Canada, as they have to ensure compliance with the law to avoid penalties. Violations of CASL can result in substantial fines, making it crucial for organisations to understand and adhere to the regulations.
Overall, CASL and ECPR aim to protect Canadians from unwanted spam and promote a safer and more secure electronic commerce environment in Canada.
Answer: CASL is a legislation enacted by the Canadian government to regulate commercial electronic messages, including emails, text messages, and social media messages, to protect Canadians from spam and other electronic threats.
Answer: CASL applies to anyone who sends commercial electronic messages to recipients in Canada, regardless of their location. This includes individuals, businesses, and organisations.
Answer: 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.
Answer: Yes, you generally need the recipient’s consent to send commercial electronic messages. There are two types of consent: express consent, where the recipient explicitly agrees to receive messages, and implied consent, which is based on an existing business relationship or certain specified circumstances.
Answer: The penalties for violating CASL can be severe. Individuals can face fines of up to $1 million, while businesses and organisations can face fines of up to $10 million. In addition, individuals may also face personal liability for certain violations.
Answer: Yes, there are some exemptions to CASL. For example, messages sent within an organisation, messages sent in response to a request or inquiry, and messages sent to family or personal relationships are exempt from CASL’s consent requirements.
Answer: Express consent under CASL does not expire unless the recipient withdraws their consent. Implied consent, on the other hand, has a limited duration depending on the nature of the relationship or circumstances that gave rise to the implied consent.
Answer: Yes, you can send commercial electronic messages to existing customers without obtaining their consent, as long as certain conditions are met. These conditions include providing an unsubscribe mechanism and identifying yourself or your business in the message.
Answer: No, pre-checked boxes are not considered valid consent under CASL. Consent must be obtained through an active and affirmative action by the recipient, such as checking the box themselves.
Answer: To ensure compliance with CASL, it is important to obtain proper consent, maintain accurate records of consent, provide an unsubscribe mechanism in all commercial electronic messages, and regularly review and update your compliance practices. Seeking legal advice can also help ensure 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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