CASL – Canada’s Anti-Spam Legislation
What is CASL?
CASL – Canada’s Anti-Spam Legislation which establishes rules for the sending of Commercial Electronic Messages (CEMs). CASL requires that a certain level of consent (either Express or Implied) is obtained and maintained between consumers and businesses in order to send CEMs.
Do you use email, SMS, social media or instant messaging to send commercial or promotional information about your organization to customers, prospects, and other important audiences?
Then you/your business needs to comply with CASL. We talked about doing Email marketing in our previous series. And CASL is one of the integral parts of any automation or email marketing along with another form of marketing.
It’s been 4~ months since (July 1, 2017) CASL is in full force, if you are already doing this then it’s great. If not then you must start this right away because it’s too late & you don’t want to be in trouble by sending promotional messages to customers without asking for their consent.
Does CASL affect you?
CASL applies to all CEMs that are sent from or sent to person lives in Canada. This means that even if you are a business based outside of Canada, CASL regulations apply to the emails you send to Canadians.
There are three primary rules to be considered when checking for compliance.
- You may only send emails to those people who have given you express or implied consent.
- Messages that are sent must identify the sender(s) and provide contact information in each communication.
- The unsubscribe option must be clear, able to be readily performed and accomplished at no cost to the customer.
In a simple language
If you communicate with your customer in any form, about the service/product that you have to offer, you must need an explicit or implied consent before doing that.
And in each form of communication, you will have to give an option to withdraw that consent at any time. Still, that consent update can give you breathing room for about 90 days, but if you are still communicating with a particular customer then that customer can take any legal action under the act.
What is implied consent?
There are a few forms of implied consent, including:
- Conspicuous publication
The information is published in plain sight, for example, on a website or in a trade magazine.
The information is given to you, for example, people give you their business card or address.If people conspicuously publish their address or give it to you, then you have implied consent to send them messages related to their work. These are valuable forms of implied consent for business-to-business marketing since they allow cold calling, but only if the address was acquired legitimately and the message is relevant to the recipient.
- Existing business relationship
The person has made a transaction, an inquiry, an application or a written contract for the purchase or barter of products, goods or services.
- Existing non-business relationship
The person is a member of your organization or has provided volunteer work, a donation or a gift.
What is express consent?
Express consent means that a person has clearly agreed (orally or in writing) to receive a commercial electronic message. It is not time-limited, unless the recipient withdraws his or her consent.
Well, CASL is a serious stuff that needs attention but this is for all of us. If you follow proper guidelines then you/your business will be in the safe position. If you have more question find out here