Canada’s New Anti SPAM Legislation
“CASL”
What is Spam?
Spam can be defined as any electronic
commercial message sent without the express
consent of the recipient(s...
What is CASL?
Canada’s Anti-Spam Law (CASL) was drafted to keep
unsolicited, unwanted electronic messages out of Canadians...
What is a CEM?
What is a commercial electronic message or
CEM?
A commercial electronic message is any electronic message t...
What is exempt from CEM?
Even if a message is a CEM, you will not need
consent to:
– Send a quotation upon request
– Compl...
What is consent?
After July 1st, 2014:
You can’t send a CEM without consent from the
recipient.
What is consent?
Express Consent.
Express, meaning someone actively gave you
permission to send them a CEM.
Can be in the ...
What is consent?
Implied Consent.
Implied, meaning it would be reasonable to
conclude you have someone’s permission to
sen...
Why am I telling you this now?
Once CASL comes into force (July 1st , 2014), you
can’t send an electronic message requesti...
Questions
For additional information here are some sources that we have reviewed to educate
ourselves on the new law:
Gove...
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Centricity360 Canadian Anti Spam Legislation - February 2014

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This is a Centricity360 FAQ primer on the new Canadian Anti-Spam Legislation (CASL).What you need to know about Canada’s new Anti-Spam Legislation. What is CASL? What is a Commercial Electronic Message (CEM)? What is consent? Express vs. Implied. In effect: July 1st 2014

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Centricity360 Canadian Anti Spam Legislation - February 2014

  1. 1. Canada’s New Anti SPAM Legislation “CASL”
  2. 2. What is Spam? Spam can be defined as any electronic commercial message sent without the express consent of the recipient(s). Other online threats such as spyware, phishing and malware.
  3. 3. What is CASL? Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited, unwanted electronic messages out of Canadians’ inboxes while still permitting businesses, and consumers, to maintain mutually beneficial relationships. (Deloitte) The Anti-Spam Act imposes significant restrictions on the sending of unsolicited commercial electronic messages or CEM’s. In effect: July 1st 2014
  4. 4. What is a CEM? What is a commercial electronic message or CEM? A commercial electronic message is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. Email, SMS Texts, instant messages and social network messages (Tweets, Facebook Posts) are all electronic messages.
  5. 5. What is exempt from CEM? Even if a message is a CEM, you will not need consent to: – Send a quotation upon request – Complete a transaction – Provide warranty, recall or safety information In all of these cases you must still include the prescribed information & an unsubscribe mechanism
  6. 6. What is consent? After July 1st, 2014: You can’t send a CEM without consent from the recipient.
  7. 7. What is consent? Express Consent. Express, meaning someone actively gave you permission to send them a CEM. Can be in the form of: • Sign‐up on a website • Response to a contest or coupon offer • Sign‐up at point of sale • Sign‐up over the phone
  8. 8. What is consent? Implied Consent. Implied, meaning it would be reasonable to conclude you have someone’s permission to send them a CEM based on prior relationships. A Family relationship A personal relationship A business or non business relationship
  9. 9. Why am I telling you this now? Once CASL comes into force (July 1st , 2014), you can’t send an electronic message requesting consent because it will be considered a CEM. Make sure you keep records. The onus is on you. Are you prepared to comply before CASL comes into effect?
  10. 10. Questions For additional information here are some sources that we have reviewed to educate ourselves on the new law: Government of Canada – Canada’s Anti-Spam Legislation What Canada’s new anti-spam law means to you – Deloitte CASL: What you need to know about Canada’s new Anti-Spam Legislation – Retail Council of Canada Richard Bolton - President www.centricity360.com E - rbolton@centricity360.com T - @centricity360 Driving Business Growth

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