The Canadian Anti-Spam Legislation (CASL) is a set of laws that govern the sending of commercial electronic messages (CEMs) in Canada. These laws are designed to protect Canadians from being bombarded with unsolicited and unwanted CEMs, and to help businesses stay compliant with the rules.
The CASL rules apply to any CEM that is sent from or received in Canada, regardless of where the sender is located. This includes emails, texts, instant messages, and social media messages.
Under the CASL rules, businesses must obtain consent from recipients before sending them CEMs. There are two types of consent that businesses can obtain: express consent and implied consent.
Express consent is when a recipient explicitly agrees to receive CEMs from a sender. This can be done through an opt-in form or some other type of affirmative action.
Implied consent is when a recipient has a preexisting business relationship with a sender, or when a recipient has taken some action that indicates they are interested in receiving CEMs (e.g. subscribing to a newsletter).
The CASL rules also require businesses to include certain information in their CEMs, such as the sender's name and contact information, and a way for recipients to unsubscribe from future messages.
Violations of the CASL rules can result in significant fines, up to $1 million for individuals and $10 million for businesses.
What do I need to know about CASL?
1. What is the Canadian Anti-Spam Law (CASL)?
The Canadian Anti-Spam Law (CASL) is a law that was passed in Canada in 2014 in order to help protect Canadians from the harmful effects of spam. The law prohibits the sending of commercial electronic messages (CEMs) without the recipient's consent, and imposes certain requirements on businesses and organizations who send CEMs.
2. What are the requirements for sending CEMs under CASL?
In order to send CEMs under CASL, businesses and organizations must obtain the recipient's consent prior to sending the message. The consent must be obtained through a clear and conspicuous request for consent, and must be granted in a manner that is easily understandable and unambiguous.
In addition, businesses and organizations must provide recipients with a means to withdraw their consent at any time, and must include certain information in each CEM, such as the sender's contact information and a statement that the recipient can unsubscribe from receiving future messages.
3. What are the penalties for non-compliance with CASL?
The penalties for non-compliance with CASL can be significant. Individuals and organizations who contravene the law can be subject to fines of up to $1 million, and individuals can also be subject to imprisonment for up to five years.
4. What are the best practices for compliance with CASL?
What is CASL law and CCPA?
The Canadian Anti-Spam Legislation (CASL) is a law that regulates commercial electronic messages (CEMs). It applies to any organization that sends CEMs, regardless of whether they are based in Canada or not. The law prohibits the sending of CEMs without the recipient's consent, and requires that CEMs contain certain information, such as the sender's contact information and an unsubscribe mechanism.
The California Consumer Privacy Act (CCPA) is a state law that regulates the collection, use and disclosure of personal information by businesses. The law applies to businesses that collect personal information from California consumers and meet certain other criteria, such as having annual revenues over $25 million. The law gives consumers the right to know what personal information is being collected about them, the right to have their personal information deleted and the right to opt out of the sale of their personal information.
What is not covered under CASL?
CASL does not cover all types of electronic messages. For example, it does not apply to:
- Messages that are sent to an individual who has consented to receiving them
- Messages that are sent in the course of a legal or commercial transaction
- Messages that are sent in response to a request or inquiry
- Messages that are sent for the purpose of providing a quote or estimate
- Messages that are sent for the purpose of providing information about a product or service
- Messages that are sent for the purpose of providing notice of an event or change in circumstances
- Messages that are sent for the purpose of providing news or commentary
- Messages that are sent for the purpose of providing a warning or alert