Canada’s Anti‐Spam Legislation (CASL) took effect on July 1, 2014. It is a well known fact that this law will have an enormous impact on marketers all over the globe, and it’s crucial to arm your marketing department with all of the facts. Below are some tips to help your company remain compliant with these new laws:

1.
Qrimart.com
MARKETER’S GUIDE TO
CANADA’S ANTI‐SPAM
LEGISLATION (CASL)
Canada’s Anti‐Spam Legislation (CASL) took effect
on July 1, 2014. It is a well known fact that this law
will have an enormous impact on marketers all over
the globe, and it’s crucial to arm your marketing
department with all of the facts.
Below are some tips to help your company remain
compliant with these new laws:
©2015 Quorium Solutions. Trademarks belong to their respective owners. All rights reserved.

2. Question 1:
What is Canada’s Anti‐Spam Legislation (CASL)?
1. The purpose of CASL is to prevent spam, hacking, and malware (malicious
software).
2. Spam prevention: CASL includes new rules for sending Commercial
Electronic Messages (CEMs).
3. Hacking prevention: It also prohibits unauthorized alteration of
transmission data.
4. Malware prevention: Finally, CASL lays out rules for installation of
computer programs.
Once CASL is implemented, all electronic commercial messages (including emails
and mobile messages) must meet three primary requirements:
A. The recipient must have given prior consent to receive commercial
electronic messages. This can be either expressed or implied.
B. The sender must be identified. Messages must identify the message’s
sender and include prescribed contact info.
C. The sender must include an unsubscribe mechanism. A clearly visible
“unsubscribe” button should do the trick.
Question 2:
Does CASL Apply to My Messages?
If you think that CASL applies to your marketing messages, it probably does!
Specifically, CASL applies to consumer electronic messages that are:
A. “Commercial” – Your message is commercial if it’s reasonable to conclude
that one of its purposes is to encourage participation in commercial
activity.
B. “Electronic” – This means your message is sent to an electronic address,
such as email, IM, telephone, or other “account.” (Exception: voice and fax
messages.)
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3. C. Sent to or from a computer located in Canada. (Exception: Messages sent
from Canada with the reasonable belief that they will only be accessed 1)
outside of Canada, and 2) within countries that have their own anti‐spam
legislation, such as the US.)
Question 3:
Are My Messages Subject to Exclusion?
Some marketing messages will be subject to exclusion from CASL law. These types
of messages won’t be affected:
A. Messages sent to individuals with whom you have a personal relationship
B. Inquiries or applications
C. Messages sent within or between organizations who have a pre‐existing
relationship
D. Responses to inquiries or requests
E. Messages sent only to satisfy a legal obligation or provide notice of legal
rights
F. Messages sent to foreign states with anti‐spam legislation
G. Messages sent by charities/political parties/candidates to raise funds
Question 4:
What About Referrals?
Many professionals, such as those in the legal field, will run into the issue of
referrals. To address that concern, this partial exclusion was created. Messages to
referred recipients are excluded from CASL law if they meet the following
requirements:
In some cases, you won’t need consent for marketing messages that are
transactional in nature. For example, consent is not required for messages that
solely:
According to CASL, you can imply or deem consent if your CEM falls into one of
these four categories:
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4. A. The referral comes from someone with a personal, family, or existing
business relationship with the sender
B. The sender only sends one message
C. The sender identifies the referrer
D. The recipient has a personal, family, or existing business relationship with
the referrer
Question 5:
Are My Transactional CEMs Eligible for Exclusion from Consent?
In some cases, you won’t need consent for marketing messages that are
transactional in nature. For example, consent is not required for messages that
solely:
A. Provide a quote or estimate
B. Facilitate, complete, or confirm a commercial transaction previously agreed
to
C. Provide information pertaining to warranty, recall, safety or security about
a product purchased or used by the recipient
D. Pertain to the ongoing use, subscription, membership, account, or similar
ongoing relationship
E. Provide information about an employment relationship or related benefit
plan
F. Deliver goods or services, including product updates or upgrades
Question 6:
What is Implied Consent?
According to CASL, you can imply or deem consent if your CEM falls into one of
these four categories:
1. You have an existing business relationship with the recipient (i.e. if there’s
been a purchase within the last two years or an inquiry within the last six
months)
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5. 2. You have an existing non‐business relationship with the recipient (e.g. for
charitable/ volunteer organizations)
3. The recipient has conspicuously published his or her address (e.g. on a
website or online directory) and the message is relevant to the recipient’s
business or official capacity
4. The recipient’s electronic address has been provided to sender by recipient,
and the message is relevant to the recipient’s business or official capacity
Question 7:
How Can I Seek “Express Consent”?
If your messages don’t meet the qualifications for “implied consent,” you’ll need
to meet express consent. When you seek express consent, make sure to follow
these rules:
A. Describe simply and clearly what your purpose is for obtaining consent is –
don’t bury it in a privacy policy.
B. Identify the person seeking consent or person on whose behalf consent is
sought, and provide identifying/contact information.
C. Do not use pre‐checked opt‐in boxes! Ensure that the process for obtaining
consent qualifies as “express” consent.
D. Retain evidence of consent – the sender bears the burden of proving
consent has been given. Hold onto date/time stamps, URL, IP addresses,
and images of forms (web or paper).
Question 8:
Who is Liable for Breaches of CASL?
CASL was drafted as broadly as possible to capture all players in potential
violations. CASL was also created to prohibit the aid, procurement, or cause of a
violation (corporations are responsible for the actions of marketing agencies hired
to initiate an email campaign in which a violation occurs).
A. Corporations are liable for violations committed by their employees
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6. B. Directors/Officers of corporations are liable for violations committed by
corporations
Question 9:
Who Enforces CASL?
CASL is enforced by the Canadian Radio‐television Telecommunications
Commission (CRTC). In their role as an enforcement agency, the CRTC has broad
investigatory powers, and the ability to impose administrative monetary penalties
(AMPs) of up to $10 million. Individuals affected by a violation also have a private
right of action.
HOW TO PREPARE YOUR MARKETING TEAM FOR CASL:
1. Take inventory (campaigns, databases)
2. Review data sources and sign‐up processes
3. Consider internal governance re: marketing and compliance
4. Manage liability arising out of relationships; review agreements with
partners, providers, customers, etc.
5. Assess overall risk, develop policies and take action in accordance with risk
tolerance
Before You Send: The CASL Email Checklist
1. Identify person sending or person on whose behalf message is being sent
2. Provide contact information of sender
3. Provide unsubscribe mechanism (note: any request to unsubscribe should
be processed without delay but must be processed within ten days)
4. Avoid false or misleading representations anywhere in the message (eg:
message body, subject line, etc.)
©2015 Quorium Solutions. Trademarks belong to their respective owners. All rights reserved.

7. ©2015 Quorium Solutions. Trademarks belong to their respective owners. All rights reserved.
Top Resources:
• CASL Webinar with Shaun Brown, nNovation, LLP
• nNovation LLP e‐Marketing Law blog
• Canada’s Anti‐Spam Legislation
• The Canadian Legal Information Institute
• Electronic Commerce Protection Regulations (CRTC)
• CRTC Guidelines on the interpretation of the Electronic Commerce
Protection Regulations (CRTC) (CRTC 2012‐548)
• CRTC Guidelines on the use of toggling as a means of obtaining
express consent under Canada’s anti‐spam legislation (CRTC 2012‐
549)
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educational purposes only and do not constitute legal advice. They are not
offered as and do not constitute legal advice or legal opinions. You should not act
or rely on any information contained in this website without first seeking the
advice of an attorney