CASL – The Canadian Anti Spam Legislation

According to Direct Marketing Association, e-mail marketing returns $44 for every $1 invested and is more successful at converting leads than social media.

Businesses rely on e-mail marketing to grow their market share and maintain their competitive advantage.  Business owners should be aware that a Commercial Electronic Message (CEM) falls under the purview of the Canadian Anti-Spam Legislation (CASL).  E-mail or a text message with marketing and promotional content are considered CEM.

CASL applies if any one of the following statements is true:

  • Your business is based in Canada, or
  • Your e-mail service provider is in Canada, or
  • E-mail Recipient resides in Canada or has a “.ca” e-mail address.

Under the legislation, a CEM must meet the following conditions:

  • Sender must have received implied or express consent from the recipient
  • Sender must be clearly identified with a physical address stated in the body of the e-mail
  • Recipient must be able to unsubscribe easily

The Canadian Radio-Television and Telecommunications Commission (CRTC) has already levied $2 million in fines to organizations in breach of CASL.

To mitigate the risk of breaching CASL, business owners should utilize CASL compliant e-mail marketing services like Constant Contact to maintain an audit trail of implied and express consent as well as manage unsubscribes.

When a customer opts-in to receive a newsletter and the opt-in message clearly outlines the business’ intent for e-mail communication, the customer is said to have provided an express consent.

Not withstanding a customer opting-in to receive e-mail communication, purchasing a product or service is considered an implied consent allowing the business to send CEMs to the customer for up to two years from the last purchase made. If a customer makes a simple inquiry (i.e., no purchase of service or product), the business can send CEMs for up to 6 months following the last inquiry.

Maintaining auditable records is crucial for businesses to demonstrate compliance under CASL.  For more information about this legislation, please visit fightspam.gc.ca

 

Shamir LadhlaniAbout Shamir

Shamir Ladhani, P.Eng., M.Eng is a Personal Transformational Coach with a “business edge.”.  Shamir is a Personal Transformational Coach with a “business edge”.   He has been invited to speak at events featuring notable Hay House authors Lee Carroll, Bruce Lipton and Gregg Braden.  His programs and services are designed to motivate individuals to create everlasting change from within.  He has helped business owners, emerging leaders and those on a path of self-discovery achieve breakthrough results quickly. Learn more about his programs and services by visiting Panther Power Corporation