Canada's anti-spam legislation (CASL) came into effect July 1, 2014. It is in place to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. If you use electronic channels to promote or market your organization, products or services, Canada's new anti-spam law may affect you.

1. Canadian Anti Spam
Law (CASL)

2. Canadian Anti Spam Law (CASL)
Why?
An Act to promote the efficiency and adaptability of the
Canadian economy by regulating certain activities that
discourage reliance on electronic means of carrying out
commercial activities, and to amend the Canadian Radio-
television and Telecommunications Commission Act, the
Competition Act, the Personal Information Protection and
Electronic Documents Act and the Telecommunications Act

3. Canadian Anti Spam Law (CASL)
Who Should Be Compliant?
Anyone who makes use of commercial electronic messages, is involved with
the alteration of transmission data, or produces or installs computer
programs needs to be aware of this law.

4. Canadian Anti Spam Law (CASL)
Coverage?
?
Spam
Malware
Spyware
Address harvesting
False and misleading representations involving
the use of any means of telecommunications
Short Message Services (SMS
Social networking, websites
URL's and other locators
Applications
Blogs
Voice over Internet Protocol (VoIP),
Current and future internet and wireless
telecommunication threats

5. Canadian Anti Spam Law (CASL)
What Is Commercial Electronic Messages (CEMs):
First question to ask is one of the purposes to encourage the recipient to
participate in commercial activity?
When determining whether a purpose is to encourage participation in
commercial activity, some parts of the message to look at are:
• Content of the message
• Any hyperlinks in the message to website content or a database
• Contact information in the message.
Important Note: The simple inclusion of a logo, a hyperlink or contact information in an
email signature does not necessarily make an email a CEM. Conversely, a tagline in a
message that promotes a product or service that encourages the recipient to purchase
that product or service would make the message a CEM.

6. Canadian Anti Spam Law (CASL)
Timeline:
July 1, 2014
Becomes active
Canadian Anti-
Spam Legislation
(CASL) – Section 6
CEMs
On 15 December 2010
Canadian Radio-television and
Telecommunications
Commission Act, the
Competition Act, the Personal
Information Protection and
Electronic Documents Act and
the Telecommunications Act
January 15, 2015
Canadian Anti-Spam
Legislation (CASL) –
Section 8 Computer
Programs
July 1, 2017
Canadian Anti-Spam
Legislation (CASL) –
Private right of
action
April 15, 2011
Amendments to
Personal Information
Protection and
Electronic Documents
Act (PIPEDA)

7. Canadian Anti Spam Law (CASL)
Compliance?
If you are sending a CEM to an electronic address, then you need to comply with
three requirements.
1) Obtain consent
2) Provide identification information
3) Provide an unsubscribe mechanism.
Important Note: Section 6 of CASL applies to a commercial electronic message (CEM) that is
sent to an electronic address. If both of these elements exist, then section 6 applies.
Section 6 does not apply if the CEM is not sent to an electronic address, as defined in the
legislation.

8. Canadian Anti Spam Law
What Is An Electronic Address?
An electronic address is defined in CASL as being: an email account, a telephone
account, an instant messaging account, and any other similar account.
@
Important Note: Facebook wall post would not be captured. However, messages
sent to other users using a social media messaging system (e.g., Facebook
messaging and LinkedIn messaging), would qualify as sending messages to
"electronic addresses."

9. Implied
Express
Non-compliance
Implied (Section 66)
36 months
•Begins July 1, 2014
•Covers existing and non-
existing business
relationships
• Will cease is recipient
opts out
•Take advantage of
period to reach express
consent
Express (Section 66)
No expiration
•Consent should have
been achieved prior to
July 1, 2014
•Only expires if recipient
withdraws their consent
Non-compliance
(Section 6 and 9)
Effective July 1, 2014
•Violators required to pay
an Administrative
Monetary Penalty (AMP)
•Individual maximum is
$1MM while business max
is $10MM
Canadian Anti Spam Law (CASL)
Types Of Compliance :
Important Note:
Directors, officers, agents
and mandatories of a
corporation can be liable, if
they directed, authorized,
assented to, acquiesced in,
or participated in the
commission of the
violation.

10. Canadian Anti Spam Law
How To Obtain Consent?
The CRTC has issued information bulletins to provide guidance and examples of
recommended or best practices. Compliance and Enforcement Information Bulletin
CRTC 2012-548, among other things, helps explain what information is to be included
in a request for consent. The Bulletin also suggests some key considerations that may
make tracking or recording consent easier, and therefore, may make it easier to prove
consent.
They are:
• Whether consent was obtained in writing or orally,
• When it was obtained,
• Why it was obtained, and
• The manner in which it was obtained
Important Note: Compliance will be examined on a case-by-case basis in light of
the specific circumstances of a given situation.

11. Here are some examples
Ways to obtain Consent

12. CASL - Social Media

13. Canadian Anti Spam Law
Proper Unsubscribe Guidelines?
Under CASL, you must include an unsubscribe mechanism in the commercial electronic
messages (CEMs) that you send. For example, a CEM sent via SMS may state that an end-
user can unsubscribe by texting the word "STOP." Another possibility is a hyperlink that is
included clearly and prominently in an email that allows the end-user to unsubscribe by
simply clicking it. The hyperlink may also be to a webpage that is readily accessible
without delay and is at no cost to the recipient.
You can set up your unsubscribe mechanism in many different ways. It can be broad or
very granular.
For example, you can offer a choice to the recipient, allowing them to unsubscribe from all
or just some types of CEMs your organization sends.
Important Note: A key aspect is that an unsubscribe mechanism must be "readily
performed." It should be simple, quick and easy for the end-user.

14. Canadian Anti Spam Law
The loopholes for B2B organizations
Trade Publication – Organizations can reach out to email addresses that are publically
available on online directories, websites or trade magazines.
Disclosure – an email address was shared – i.e. someone gave you their business card
or email address.
Existing Business Relationship – An inquire or transaction or inquiry, application or
written contract for the purchase or barter of products, goods or services.
Non-Business Relationship – the recipients are members of your organization, or they
provided volunteer work, a donation or gift.

15. Thank You
For a free consultation on CASL contact
Nikhil Savio
Nikhil@stratovategroup.com
647-458-5171