As the deadline draws near, email marketers are working hard to ensure their programs will meet the requirements of Canada’s new spam law. We’ve compiled 10 useful guidelines to help guide your CASL compliance efforts.
Here are the ten guidelines to spam compliance in Canada:
- When sending an electronic message through any medium, the intent of the message matters with respect to Canadian law. If the goal of the message is to encourage commercial activity, then the message is considered a CEM and CASL applies.
- The law applies to any CEM sent to a person residing in Canada or accessed from a computer within Canada, regardless of the country of origin of the message.
- Permission must be granted before a message is sent and is specific to the channel. Permission must be acquired for every channel of communication and every type of communication to be sent.
- Permission can be explicit or implicit. Explicit permission requires that the subscriber take deliberate action to add themselves to your list.
- Implicit permission requires that you have an existing relationship (business or personal) that would suggest openness to receiving email. Please refer to the regulations for a full description of the various types of consent.
- CEM’s, when sent to a business address, are generally required to be relevant to the role of the individual within a business and to the activities of that business.
- CEM’s must contain information identifying the sender, as outlined earlier in this document.
- CEM’s must provide an easy and accessible way for a subscriber to unsubscribe from the list.
- Businesses must honour a subscriber request to be removed from a list as quickly as possible, and within a window not longer than ten days.
- Referrals are not considered consent and restrict the marketer to a single electronic outreach, unless the referring party has acquired explicit consent on your behalf from the individual being referred.
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