Canada’s Anti-Spam Law (CASL) goes into force on July 2, 2014, putting the marketing industry on notice that Canada is serious about driving out spammers.

Basic/ Digest...

The hammer fell on Wednesday, December 4th:  Canada’s Anti-Spam Law (CASL) regulations were officially published, putting the marketing industry on notice that Canada means business when it comes to driving out spammers, phishers, and identity thieves.

 

CASL applies to any commercial electronic message sent from or accessed by a computer system in Canada.

 

Meaning even if your intended recipient doesn’t reside in the Great White North, if he or she opens your communication while in Canada, CASL applies. Effectively this puts the onus on marketers to be cognizant of where (geographically) recipients are opening electronic messages.

 

Consent:

• Must obtain 100% express consent prior to sending any CEM.
• Must obtain 100% express consent prior to installing a commercial computer program.
• Must have proof of consent, including source and time.
• Can rely on implied consent to send CEMs to recipients where there is an existing relationship.

 

Unsubscribing:

• All CEMs must contain an opt-out method.
• Marketers cannot confirm the opt-out request via a follow-up method.

 

Key dates

•  Jul 1, 2014 – most CASL regulations come into force
•  Jan 15, 2015 – the provision related to computer programs will come into force
•  Jul 1, 2017 – the Private Right of Action will be enacted

 

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