CANADA’S ANTI-SPAM LEGISLATION (CASL)

WHAT IS CASL?

CASL, the Canadian counterpart to CAN-SPAM, regulates “commercial electronic messages”, including SMS, email, and fax. Unlike in the U.S., contacting a Canadian prospect requires either explicit or implied consent.

Implied consent includes having a prior business relationship within the past two years.
Explicit consent can be obtained in person at a trade show, through webinar registration, or via a form-fill on a company website.

It’s essential to track and prove proper consent before sending electronic messages to any Canadian prospect. However, the legislation does not restrict business-to-business calls.

WHO DOES IT APPLY TO?

Anyone sending commercial marketing messages (fax, SMS, or email) to Canadian residents.

WHAT ARE THE CONSEQUENCES?

Violations of CASL can result in monetary penalties of up to 1 million dollars per individual and 10 million dollars per corporation per violation, as enforced by the Canadian Radio-television and Telecommunications Commission (CRTC).

HOW DOES DATACAPTIVE COMPLY?

Since DataCaptive does not perform email marketing activities on behalf of clients, your organization must independently comply with CASL when sending commercial emails. Implied consent can be derived from website traffic, such as inbound form fills, content downloads, or online event sign-ups hosted by your organization. Express consent can be obtained simply by asking over the phone if you can follow up via email. B2B phone calls are highly effective for achieving opt-in, as they are not subject to CASL requirements.