Canada’s new Anti-Spam Legislation

Effective July 1, 2014, Canada’s new Anti-Spam Legislation (CASL) will take effect

Email and texts are a vital part of being in business. You must be aware of the new laws coming into effect July 1, 2014 and how they apply to you if you are involved in any kind of digital marketing that involves sending electronic message, emails, txts, etc. There are potential penalties involved.

The new legislation is quite extensive and difficult to compress into a simple summary. For full details, please review the CASL website, the CASL legislation, and this simplified FAQ supplied the CASL.

As you will read in the above legislation, after July 1, 2014 you will no longer be able to send business emails or texts to your customers unless one of the following two conditions exists:

  1. The Customer has done business with you within the last two years – the law calls this “implied consent” or
  2. The Customer has given you specific permission to send them emails and/or texts – the new law calls this “express consent”.

Additionally, when you do send an email or text that meets the above requirements, the new law states that you must include a clear method for the recipient to advise you that they no longer wish to receive your emails or texts; this is known as an unsubscribe, withdrawal, or opt-out mechanism. Once they inform you of such wishes, you can no longer email or text them regardless of whether you previously had implied or express consent.

This means that you will now have to start tracking whether you are allowed to email or text each of your Customers. If they inform you that they no longer wish to receive your emails or texts, you will also need to ensure you update your records. Each time you send out an email or text, you will also need to ensure you are checking against your updated list.

Let us know if you have specific questions about to adapt and comply with the new legislation.

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