Organizations that wish to engage Canadian consumers via commercial electronic messages (CEMs) such as text, emails, and instant messages must be aware of Canada's Anti-Spam Law (CASL) and the requirements it sets out for companies that wish to market via CEMs. The Canadian Marketing Association outlines in its CASL guide that certain Social Media scenarios are covered by CASL as well. A CEM is any "electronic message intended to encourage participation in a commercial activity, regardless of whether there is an expectation of profit; if the purpose or one of the purposes is to advertise, promote, market, or otherwise offer a product, good, service, business, or gaming opportunity or interest in land."
Some express consent considerations impacting the delivery of CEMs include:
In addition to requiring prior consent to send CEMs, CASL also requires that all CEMs include the following identification information about the sender in addition to a functioning unsubscribe mechanism:
The maximum penalty is $1 million CAD for individuals and up to $10 million CAD for corporations, per violation. Further, the email recipients can sue for $200 per violation up to a maximum of $1 million CAD for each day a violation occurred under the private right of action provision - effective in 2017.
Our qualified experts understand the impact the CASL requirements can have on your operations and will bring procedural expertise to your organization regarding these issues.
Failure to comply with relevant legislation can have a devastating impact on your business. Don't take chances - let our experts help! CompliancePoint has a variety of services that companies can leverage to meet their CASL Compliance goals.