CASL stands for the Canadian Anti-Spam Legislation, which is a set of rules and regulations in Canada designed to regulate and reduce spam and other electronic threats. The CASL rules came into effect on July 1, 2014, and they apply to anyone who sends commercial electronic messages (CEMs), including emails, text messages, and certain social media messages, to or from Canada.
Key features of the CASL rules include:
- Consent Requirement: Senders of commercial electronic messages must obtain consent from recipients before sending messages. There are two types of consent: express consent and implied consent. Express consent requires a clear and affirmative action by the recipient, while implied consent may be inferred from an existing business relationship.
- Identification Information: Every commercial electronic message must include accurate identification information about the sender, including the sender’s contact information and a way for recipients to easily unsubscribe.
- Unsubscribe Mechanism: CASL requires that all commercial electronic messages contain a visible and functional unsubscribe mechanism. Once a recipient unsubscribes, the sender must honor the request within 10 business days.
- Transparency in Business Communications: Senders must identify themselves and provide accurate contact information in all their communications. This includes not only email messages but also other electronic messages.
- Penalties for Violations: CASL includes significant penalties for non-compliance. Individuals and organizations that violate the rules may face fines, and the law also provides for private right of action, allowing individuals to take legal action against violators.
- Exceptions: CASL includes some exceptions, such as messages sent within a business, messages sent in response to inquiries or complaints, and messages sent to enforce a legal right or court order.
It’s essential for businesses and individuals engaging in electronic communications with Canadian recipients to be aware of and comply with the CASL rules. Non-compliance can result in severe penalties. Additionally, since CASL applies to both senders inside and outside of Canada, organizations worldwide need to consider its requirements if they send commercial electronic messages to Canadian recipients.