CASL: what Canada’s anti-spam law means for your business emails
If your business sends newsletters, promotions or offers by email or text message to people in Canada, Canada’s Anti-Spam Legislation (CASL) applies to you. It is not only for large companies: a café sending a monthly promotion is covered too.
This article explains what the law asks, in plain language. It is general information, not legal advice. For your specific case, check the official guidance from the CRTC or ask a lawyer.
What counts as a commercial message
Under CASL, a message is a commercial electronic message when one of its purposes is to encourage someone to take part in a commercial activity: buying a product, booking a service, taking an offer. A logo or a link in your email signature does not, on its own, turn a message into a commercial one.
The three requirements
According to the CRTC, every commercial electronic message must have:
- Consent. The person agreed to receive it, either expressly or, in some situations, implicitly.
- Identification. The message says who is sending it and how to contact them.
- A way to unsubscribe. Simple, working, and honoured quickly.
Express and implied consent
Express consent is a clear yes: the person ticked an empty box or asked to join your list. It does not expire, but the person can withdraw it at any time. A pre-ticked box or silence does not count.
Implied consent comes from an existing relationship and has time limits. The CRTC describes a two-year period after a purchase and a six-month period after an inquiry. When in doubt, the CRTC recommends asking for express consent.
Unsubscribing
The unsubscribe link must keep working for at least 60 days after the message is sent, and requests must be processed within 10 business days.
Why it matters for your brand
The penalties can be significant: up to $1 million per violation for an individual and $10 million for a business. But beyond the risk, there is a brand reason to respect the rules. People who chose to hear from you open, read and trust your messages. A list built on consent is smaller, but it is a list of people who want to hear from you.
Before your next campaign
Ask yourself three questions: Do I know how each person on my list joined? Does every message say clearly who we are? Can anyone unsubscribe in one step? If any answer is unclear, it is worth reviewing before you press send.
If you would like to talk about your email strategy, you can book a free consultation.
Sources
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