Canada's Anti-Spam Legislation (CASL) governs the sending of commercial electronic messages in Canada. It applies to your prospecting emails, newsletters and promotional messages.

Consent

In principle, you must have the recipient's consent before sending a commercial message.

Express consent: the person clearly agreed, for example by checking a box that wasn't pre-checked.

Implied consent: in certain situations set out in the law, such as an existing business relationship for a limited period, or an address published conspicuously without a statement refusing messages and relevant to the person's role.

Identification

Every message must clearly state who is sending it, with valid contact information.

Unsubscribing

Every message must offer a simple, free way to unsubscribe, and the request must be processed promptly.

Best practices

  • Keep proof of consent (date, source, form).
  • Don't send mass mailings to purchased lists.
  • Personalize your messages and stay relevant.

Penalties

The administrative penalties set out in the law can be significant. See the CRTC's official website (fightspam.gc.ca) for details.

This article is for information only and does not constitute legal advice.