Canada's Anti-Spam Law: Questions Answered
Canada's Anti-Spam Legislation (CASL) aims to reduce unwanted commercial electronic messages. The law outlines consent requirements and penalties for non-compliance.
The Business Development Bank of Canada (BDC) has issued guidance on the country's Anti-Spam Legislation (CASL). The law is designed to curb the volume of unsolicited commercial electronic messages (CEMs) sent to Canadians and sets clear rules for businesses engaged in digital marketing.
Under CASL, businesses must obtain consent before sending CEMs, which include emails and text messages that encourage participation in a commercial activity. Non-compliance can result in significant penalties, with fines reaching up to $1 million for individuals and $10 million for corporations.
The legislation distinguishes between two types of consent: express and implied. Express consent, obtained through a recipient's active action, is permanent. Implied consent, based on existing business or personal relationships, has time limitations. For former customers, implied consent is valid for a maximum of two years.
BDC clarifies that simply publishing an email address online does not grant permission to send CEMs unless the individual has explicitly indicated they wish to receive them. Any CEM must be relevant to the recipient's business role and include a clear unsubscribe mechanism and contact information. Requesting consent via email is explicitly prohibited by the law.