Compliance

CASL in plain English

Canada's Anti-Spam Legislation (CASL) has applied to commercial email since July 1, 2014. It's one of the strictest email laws in the world, and many businesses still get it wrong. Here's what it asks of you.

What CASL covers

CASL applies to commercial electronic messages (CEMs) sent to or from computers in Canada. That includes email, text messages and direct social media messages that encourage someone to buy, sell or do business.

The three rules

  1. Consent. You need permission before you send.
  2. Identification. Every message says who sent it and how to reach you.
  3. Unsubscribe. Every message includes a working way to opt out.

Express vs implied consent

TypeHow you get itHow long it lasts
ExpressThe person actively opts in, like ticking an unchecked boxUntil they unsubscribe
Implied: purchase or contractThey bought from you or signed a contract2 years from the purchase or contract
Implied: inquiryThey asked about your product or service6 months from the inquiry
Implied: published addressTheir address is publicly listed with no "no spam" note, and your message relates to their roleWhile it stays published

Implied consent expires. Aim to turn it into express consent before it runs out.

What a valid consent request includes

  • Why you're asking for consent
  • Your business name (and anyone you're asking on behalf of)
  • Your mailing address plus a phone, email or web address
  • A note that they can unsubscribe at any time

Pre-checked boxes don't count as express consent.

Unsubscribes

  • Include an unsubscribe link in every commercial message.
  • Keep it working for at least 60 days after you send.
  • Process every request within 10 business days, and sooner is better.

Keep records

If the CRTC asks, you have to prove consent. For every contact, record when and how consent was given, the exact wording they saw and where they signed up. Store this in your email platform or CRM, not in a spreadsheet.

The cost of getting it wrong

Penalties go up to $10 million per violation for businesses and $1 million for individuals. Directors and officers can be held personally liable.

Quick audit: pick five random contacts and try to prove when and how each one gave consent. If you can't, start there.

This guide is general information, not legal advice. For your specific situation, speak with a lawyer or check the CRTC's guidance.

Want help putting this into practice?

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