Is your business ready for Canada’s Anti-Spam Law (CASL), coming into effect on July 1, 2014? While most businesses have heard about the law coming into play, many are still unsure of the exact changes it brings to email marketing requirements.
Below are some key information, guidelines and resources to assist you with understanding and implementing Canada’s Anti-Spam Law which applies the sending of commercial electronic messages as well as the installation of computer programs.
What is Canada’s Anti-Spam Law?
Canada’s Anti-Spam Law (CASL) was drafted to keep unsolicited, unwanted electronic messages out of Canadians’ in-boxes while still permitting businesses, and consumers, to maintain mutually beneficial relationships. The law’s key feature requires Canadian organizations that send commercial electronic messages from within Canada to obtain consent from recipients before sending messages.
As of July 1, 2014, CASL will require businesses to obtain either express “opt-in” or implied consent to send commercial electronic messages (CEMs), including emails and certain types of social media messages. The consent-based regime will apply to almost all electronic messages that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.
Who will Enforce CASL?
Enforcement of CASL is split between the Canadian Radio-television Telecommunication Commission (CRTC), the Competition Bureau and the Office of the Privacy Commissioner of Canada (OPC). The three bodies have signed a Memorandum of Understanding to facilitate the enforcement process and respect the sharing of information, cooperation and coordination between the enforcement bodies.
The CRTC is responsible for CASL violations that deal with the sending of commercial electronic messages (CEMs) without consent, that alter transmission data in the course of a commercial activity without consent and that install a computer program in the course of a commercial activity.
The OPC is responsible for violations regarding the illegal harvesting of data and the Bureau is responsible for matters relating to false and misleading representations.
Read more from SOHO