Cecily Zamora
Canada's Anti-Spam Legislation (CASL) is a law that establishes rules for the sending of commercial electronic messages (CEMs) and the installation of computer programs. It came into effect on July 1, 2014, and applies to everyone who sends electronic messages for commercial purposes within, from, or to Canada. The legislation requires senders to obtain consent, provide identification information, and include an unsubscribe mechanism in each message. CASL has been successful in reducing the amount of spam that reaches Canadians and has made a positive impact on both consumers and businesses.
| Characteristics | Values |
|---|---|
| Name | Canada's Anti-Spam Legislation (CASL) |
| Purpose | Protect consumers and businesses from the misuse of digital technology, including spam and other electronic threats |
| Scope | Applies to everyone—individuals, incorporated and unincorporated businesses, not-for-profit organizations, etc.—who sends electronic messages for commercial purposes |
| Definition of Spam | Unsolicited email, text messages, and software |
| Definition of Commercial Electronic Message (CEM) | Any electronic message that encourages participation in a commercial activity, such as an email that contains a coupon or tells customers about a promotion or sale |
| Requirements for CEMs | Obtain consent, provide identification information, and include an unsubscribe mechanism in each message |
| Consent Types | Express or implied consent |
| Express Consent | A person has clearly agreed to receive a CEM, either in writing or orally |
| Implied Consent | Based on an existing business or non-business relationship with the recipient |
| Exemptions | Messages sent by registered charities, political parties, or organizations for fundraising or soliciting contributions; messages sent to satisfy a legal obligation or enforce a legal right; messages sent between family and friends |
| Consequences for Non-Compliance | Fines of up to $1M per violation for individuals and $10M per violation for companies |
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What You'll Learn
Commercial Electronic Messages (CEMs)
Canada's Anti-Spam Law (CASL) is one of the toughest laws of its kind in the world. It applies to all electronic messages (i.e. email, texts) that organisations send in connection with a "commercial activity". It requires Canadian and global organisations that send commercial electronic messages (CEMs) within, from, or to Canada to receive consent from recipients before sending messages.
A CEM is any electronic message that encourages participation in a commercial activity, such as an email containing a coupon or telling customers about a promotion or sale. CEMs must be sent to an electronic address to be caught by CASL.
If your business or organisation sends CEMs, you must comply with CASL's requirements:
- Obtain consent: You need express consent from recipients, either orally or in writing. Written consent can be electronic. Express consent means that a person has clearly agreed to receive a CEM, either in writing or orally. The recipient must take proactive action to indicate their express consent.
- Provide identification information: This includes a mailing address and either a phone number, voice message system, email address, or website where recipients can access more information.
- Include an unsubscribe mechanism: This must be a free mechanism that lets recipients electronically opt out of communications.
There are some exemptions to CASL. For example, CEMs sent between family and friends are exempt, as are CEMs sent within or between organisations with an existing relationship. CEMs solicited or sent in response to complaints, inquiries, or requests are also exempt.
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Consent
Canada's Anti-Spam Legislation (CASL) applies to everyone who sends electronic messages for commercial purposes, including individuals, incorporated and unincorporated businesses, and not-for-profit organizations. Under CASL, consent is required before sending a commercial electronic message (CEM). A CEM is any electronic message that encourages participation in a commercial activity, such as an email promoting a product or service, or an SMS text message. CEMs must be sent to an electronic address to be considered a CEM.
There are two forms of consent that can be relied on to send CEMs: express or implied consent. Express consent means that a person has clearly agreed to receive a CEM, either in writing or orally. The recipient must take proactive action to indicate their express consent, such as signing up on a website. Implied consent, on the other hand, is when the recipient's consent is assumed based on their existing relationship with the sender. For example, if the recipient is a member of a club or association that the sender represents, or if the sender is a registered charity or political party.
It is important to note that an electronic message that contains a request for express consent is also considered a CEM under CASL. Therefore, you cannot use this method to obtain express consent unless you already have the right to send the CEM. Additionally, no matter what type of consent you have, if a recipient asks to stop receiving CEMs through your unsubscribe mechanism or another form of communication, you must respect their request and stop sending them CEMs within 10 business days.
CASL has had a positive impact on both consumers and businesses in Canada. It has resulted in a decrease in the amount of spam reaching Canadians and has made companies more disciplined in managing their electronic marketing programs. By requesting consent, businesses show consumers that they respect their privacy and are communicating with people interested in their products or services.
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Compliance
Canada's Anti-Spam Legislation (CASL) is a law that protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. It also helps businesses stay competitive in a global, digital marketplace. The law applies to everyone who sends electronic messages for commercial purposes, including individuals, incorporated and unincorporated businesses, and not-for-profit organizations.
To comply with CASL, organizations must include specific information in each commercial electronic message (CEM) they send. This includes the name of the person sending the message and their contact information, such as a mailing address and a phone number or email address. Additionally, CEMs must include an unsubscribe mechanism that allows the recipient to easily unsubscribe at no cost.
There are two forms of consent that organizations can rely on to send CEMs: express or implied consent. Express consent means that a person has clearly agreed to receive a CEM, either in writing or orally, through an opt-in mechanism such as signing up on a website. Implied consent, on the other hand, is more complex and may depend on the nature of the relationship between the sender and the recipient. For example, if there is an existing business or non-business relationship with the recipient, CASL deems implied consent for a period of 36 months starting July 1, 2014.
It is important to note that CASL does not apply to CEMs that are simply routed through Canada. Additionally, there are certain types of messages that are exempt from CASL, such as those sent between family and friends, within or between organizations with an existing relationship, or in response to complaints, inquiries, or requests.
Since the implementation of CASL, the amount of spam reaching Canadians has significantly decreased. This legislation has made a positive impact on both consumers and businesses, with a decrease in Canadian-based spam and an improvement in email marketing practices.
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Protection of personal information
Canada's Anti-Spam Legislation (CASL) is a federal law that protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. It is one of the toughest laws of its kind in the world. CASL requires Canadian and global organizations to obtain express consent from recipients before sending them Commercial Electronic Messages (CEMs) within, from, or to Canada. CEMs are any electronic messages that encourage participation in a commercial activity, such as an email with a coupon or information about a promotion or sale.
To comply with CASL, organizations must provide the name of the person or organization seeking consent and inform recipients of how to unsubscribe. Consent can be obtained orally or in writing, including electronically. There are some exceptions to the consent requirement, such as in the context of an existing business or non-business relationship or if recipients voluntarily disclose their contact information without indicating they do not want to receive communications.
CASL also introduced changes to the Personal Information Protection and Electronic Documents Act (PIPEDA), which governs the collection, use, and disclosure of personal information. PIPEDA defines personal information broadly as "information about an identifiable individual," including name, address, phone number, age, sex, ethnicity, religion, education, and health and financial information. Canadian organizations remain accountable for personal information transferred to a third party for processing and must protect its confidentiality and security.
CASL has had a significant impact on reducing spam, with Canada no longer having any organizations among the top 100 global spamming entities as of 2019. It has also helped build trust in the digital environment, leading to more economic opportunities for Canadian businesses.
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Fines for spammers
Canada's Anti-Spam Legislation (CASL) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. The legislation, which came into effect in 2014, requires that businesses obtain consent before sending commercial electronic messages (CEMs). Express consent means that a person has clearly agreed to receive a CEM, either in writing or orally.
Under CASL, the consequences for spammers include fines of up to $1 million per violation for individuals and $10 million per violation for companies. It's important to note that individuals and companies, including directors, officers, and other agents, are responsible and liable for the messages they send.
CASL focuses on commercial electronic messages, which are those that encourage participation in a commercial activity, whether or not there is an expectation of profit. This includes unsolicited emails, text messages, and software. The legislation also addresses the harvesting of addresses (collecting and/or using email or other electronic addresses without permission) and the collection of personal information by illegally accessing computer systems or electronic devices.
To comply with CASL, businesses must include specific information in each email they send. This includes identification information and an unsubscribe mechanism. Messages sent by or on behalf of a registered charity, political party, or organization for fundraising or soliciting contributions are exempt from CASL, as long as they comply with the anti-spam laws of the country where the message will be accessed.
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Frequently asked questions
CASL stands for Canada's Anti-Spam Legislation. It is a law that applies to all electronic messages that organizations send in connection with a "commercial activity". It requires Canadian and global organizations that send commercial electronic messages (CEMs) within, from, or to Canada to receive consent from recipients before sending messages.
A CEM, or Commercial Electronic Message, is any electronic message that encourages participation in a commercial activity. This includes emails, SMS text messages, instant messages, and messages sent through social networks. CEMs must be sent to an electronic address to be considered a CEM.
To send a CEM, organizations need express consent from recipients either orally or in writing. Written consent can be electronic. Express consent means that a person has clearly agreed to receive a CEM, and the recipient must take proactive action to indicate their consent.
