When it comes to being CASL compliant, it not just about consent, but about auditable consent. Find out whether it applies to social media and how express and implied consent differ. You can also learn more in this webinar: http://bit.ly/CASL_Webinar

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Being CASL Compliant:
It’s All About Consent

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CASL (Canada’s Anti-Spam Law)
exists to protect Canadians from
unwanted electronic commercial
messages.

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CASL applies to emails, texts and
instant messages, and any similar
messages sent to electronic
addresses.

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As of January 15, 2015 CASL also applies if you
install or cause the installation of software on
someone's device without consent.

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CASL uses administrative monetary penalties rather than criminal
sanctions. The entire legislation is based on the concept of consent.

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Consent can be express or implied.

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Express consent means that you’ve received oral or written
permission for which you can provide documented proof.

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Implied consent can be a result of a particular relationship
you have or particular circumstances, such as a previous
purchase, donation or business card exchange at a conference.
It also includes conspicuous publication.

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Conspicuous Publication means you obtained someone’s
email address that is on a public website and have sent them
a commercial email that is relevant to them or their job.

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Once you have express consent it’s
good forever unless they opt out.

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However, implied consent only lasts 2 years after the event
that has started that relationship and you must have them
renew their consent at the end of that period.
It is also implied for 6 months when the “existing business
relationship” consists only of an inquiry or application.

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For subscriptions or memberships, the period
starts on the day the relationship ends.

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In addition to consent, you need
to provide an unsubscribe
mechanism in your commercial
message and…

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Your message also needs to meet the identification
requirements, meaning you must list your name,
address or phone number or website.

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What about social media? According to CASL, it does
not apply to promotional information you post online
in places like blogs or social media.

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Now your existing email lists have a grace period for getting
express consent until July 1, 2017. But you should start the process
to reconfirm their opt-in sooner than later.

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The CRTC judges each case based on a
series of factors, including the nature of
the violation, your history with CASL,
whether you benefited financially from the
violation and your ability to pay a penalty.

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Better safe than sorry. If found in
violation you could be fined up to
$1M (individual/sole proprietor)
and up to $10M (company).

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As July 2017, A Private Right of Action will be enforced where
civil cases can be brought before the courts by any Canadian
receiving unwanted commercial electronic messages.

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So remember when sending commercial electronic messages: to
get consent, provide an unsubscribe mechanism, and properly
identify yourself.

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Do you want to know more?
• Why and how CASL has
been enforced in the past
year?
• How you can prepare for the
next phases of CASL?
• How CASL compares to
other anti-spam laws?
• What you can do to stay up
to date with the latest
compliance trends?
Find out in our CASL Rewind webinar with guest speaker Senior Enforcement
Officer at the CRTC, Dana-Lynn Wood: http://bit.ly/CASL_Webinar