Why This Matters
Canada’s anti-spam legislation (CASL) (anti-spam, anti spam) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. It also aims to help businesses stay competitive in a global, digital marketplace.
Resources
Sending Email Marketing Campaigns
Before you start sending email marketing campaigns, first make sure you’re aware of laws such as: Canada’s Anti-Spam Law (CASL), which applies to all electronic messages sent by a business with a ‘commercial activity’; that is, anything encouraging someone to buy your products or services. A key aspect to CASL is the mandatory requirement that you must receive consent from the recipient before a message is sent. Consent can be verbal, in writing, or electronically given. If any company fails to comply with CASL (even small businesses), they can face criminal and civil charges, personal liability for executives, and fines of up to $10M. If you have an existing business relationship, consent is implied, however any ‘commercial activity messaging’ must include an opt-out. Please refer to the latest information on the CASL website.
Frequently Asked Questions – Answers to common questions about CASL.
Additional Laws & Legislations
General Data Protection – Mostly pertaining to Europe, but to be considered if you have a global audience.
Can-SPAM Act of 2003 – Mostly pertaining to USA, but to be considered if you have a global audience.
California Consumer Privacy Act – Mostly pertaining to California specifically, but to be considered if you have a global audience.
Recommendations
Ensure the email marketing software you use includes CASL type requirements including (but not limited to) – an email unsubscribe feature and policy.