NEW ANTI-SPAM LAW
Canada’s new Anti-Spam Legislation, known as CASL, is one of the strictest in the world. In general, CASL requires consent before sending “commercial electronic messages” and requires that all such messages meet certain form and content requirements. This seems simple, but as always, implementation can be complicated. This article explains the legislation and walks through some real-world scenarios to demonstrate compliance.
On July 1, 2014, a majority of the provisions of one of the strictest anti-spam laws in the world came into effect:
Canada’s Anti-Spam Legislation (CASL)1. CASL prohibits the sending of a commercial electronic message (CEM) to an electronic…show more content… Although these provisions will not come into force until July 1, 2017 industry should be
aware that risks of claims nonetheless exist and should strive to achieve compliance with the law prior to it coming into force.
CASL also contains provisions regarding the unsolicited installation of computer programs. These provisions will not come into force until January 15, 2015, and are not discussed in this paper.
To demonstrate how CASL affects your business, consider the following six scenarios.
SCENARIO 1: A customer purchases a product from your online store. During the checkout process, the customer provides his or her email address for the purposes of obtaining an e-receipt. Can you add this customer to your marketing list?
Yes, but only for the two-year period immediately following such purchase. Consent to receive CEMs is implied where the sender and recipient have an “existing business relationship” as defined by the legislation. An existing business relationship exists where the sender and recipient have engaged in certain specified types of business together in the two years preceding the date on which the CEM is sent (for example, the purchase or lease of a product, or existence of a written contract) or where the recipient of the CEM has made an inquiry to the sender in the previous six months.