The Canadian Anti-Spam Law (CASL) was enacted in 2010 as a legislative response to the growing problem of unsolicited electronic messages, commonly known as spam. The law was designed to protect Canadian consumers and businesses from the negative impacts of spam, such as privacy invasion, fraud, and the spread of malware.
CASL establishes rules for the sending of commercial electronic messages (CEMs), which include emails, text messages, and social media messages, with the primary goal of obtaining consent from recipients before sending such messages. The law also requires senders to provide clear identification information and an easy opt-out mechanism for recipients.
In addition to regulating CEMs, CASL also addresses other forms of online threats, such as the installation of computer programs without consent and the unauthorized collection of personal information through electronic means.
The law grants enforcement powers to three government agencies: the Canadian Radio-television and Telecommunications Commission (CRTC), the Office of the Privacy Commissioner of Canada (OPC), and the Competition Bureau. These agencies have the authority to investigate and take enforcement actions against individuals and organisations that violate CASL, including imposing fines and penalties.
CASL has had a significant impact on businesses and marketers, as they are required to ensure compliance with the law’s provisions. It has also led to increased awareness among consumers about their rights and the importance of consent in electronic communications.
Overall, the Canadian Anti-Spam Law of 2010 aims to create a safer and more secure online environment for Canadians by reducing the prevalence of spam and protecting their privacy and personal information.
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.
Under CASL, senders of CEMs must obtain consent from recipients before sending any messages, provide identification information in the messages, and include an unsubscribe mechanism to allow recipients to opt-out of future communications.
Implied consent refers to situations where there is an existing business or non-business relationship between the sender and recipient, which can be inferred from certain circumstances. Implied consent is valid for a limited period, after which explicit consent must be obtained.
Explicit consent can be obtained through a clear and specific request for consent, which includes the purpose of the communication and contact information of the sender. Consent must be obtained separately for each type of communication.
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 can be held personally liable for violations.
Yes, CASL provides exemptions for certain types of messages, such as those related to legal obligations, inquiries, or responses to customer inquiries, and messages sent within an organisation.
Yes, you can send CEMs to recipients who have voluntarily provided their contact information, but you still need to comply with CASL’s consent and identification requirements.
CASL primarily applies to messages sent to recipients in Canada. However, if the CEMs are accessed on a computer system located in Canada, CASL may still apply.
To ensure compliance with CASL, it is recommended to maintain a record of consent, regularly review and update contact lists, include identification information and an unsubscribe mechanism in all CEMs, and seek legal advice if unsure about specific requirements.
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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