Canadian Anti Spam Legislation (CASL)




DEFINITION

The Canadian Anti Spam Legislation came into effective as of July 1st 2014. It is a law that establishes rules for individuals and businesses (corporations and not-for-profits) sending commercial electronic messages to Canadians. These can include emails, SMS text messages, instant messages, and messages sent through social networks. It was intended to promote efficiency by establishing clear rules for consent in electronic communications. The most important factor impacting your email marketing program is consent and the type you have. There are two kinds of consent: Express and Implied. Express consent is when the recipient gives clear permission to email them. This could be checking a box as a customer creates an account asking to receive a newsletter. Implied consent is granted when there is an existing business or non-business relationship between the sender and recipient. A “business relationship” is one where a customer has made a purchase from the business or entered into a contract. If someone purchases something from a business, then that business can send commercial emails for 2 years from their purchase date under the Implied Consent criteria.




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