Define: Canadian Anti Spam Law Of 2010 Opt In Framework Prior Consent

CASL is a law that regulates commercial electronic messages, including email, text messages, and social media messages, in Canada.

The Opt-In framework requires businesses to obtain prior consent from recipients before sending them commercial electronic messages.

Prior consent can be obtained through express consent, where the recipient has explicitly agreed to receive commercial electronic messages, or implied consent, where there is an existing business relationship or the recipient’s contact information was disclosed to the sender.

Violating CASL’s Opt-In framework can result in significant fines, with penalties of up to $10 million for businesses and up to $1 million for individuals.

Yes, there are exemptions for certain types of messages, such as messages sent within an organisation, messages sent in response to inquiries, and messages sent to fulfill a legal obligation.

Businesses can ensure compliance by obtaining and documenting consent, providing clear and easy-to-use unsubscribe mechanisms, and keeping records of consent and unsubscribe requests.

Yes, businesses can send commercial electronic messages to existing customers with whom they have an existing business relationship, as long as the messages comply with CASL’s requirements.

To obtain express consent, businesses must clearly and simply explain the purpose for which consent is being sought, provide contact information for the sender, and allow recipients to easily opt out.

Express consent is valid until the recipient withdraws it, while implied consent has specific time limits depending on the nature of the relationship or interaction.

Businesses should take complaints and notices of non-compliance seriously and respond promptly by investigating the issue, taking corrective action, and documenting their response.