Ready For Canada’s Anti-Spam Legislation?

Lori Halley 23 July 2014 1 comments

The Canadian Anti-Spam Law (CASL) came into effect on July 1st. This law applies to any organization that sends commercial electronic messages to recipients based in Canada. If you send commercial or promotional electronic messages to Canadian residents, then you will likely need to comply with CASL.

Please note: this blog post does not offer legal advice!

This blog post is not a legal opinion. We are simply trying to offer some information sources that might help you understand CASL and how it might impact your organization. In terms of your organization’s personal compliance, we encourage you to consult a lawyer familiar with this issue.

What is a commercial electronic message?

A commercial electronic message is an email containing commercial or promotional information including marketing, sales, offers, solicitations, or similar messages.

What are CASL’s requirements?

The law specifies three requirements for sending a commercial electronic message to an electronic address. You need:

  • consent
  • identification information, and
  • an unsubscribe mechanism

As the Government of Canada website (fightspam.gc.ca) explains:

Does Canada's New Anti-Spam Law Apply?

No type of organization, including charities and non-profit organizations, is exempt from Canada's Anti-Spam legislation.

If you use electronic channels to promote or market your organization, products or services, Canada's new Anti-Spam Law may affect you.

You should ask yourself:

Q: Do you use email, SMS, social media or instant messaging to send commercial or promotional information about your organization to reach customers, prospects and other important audiences?

Q: Do you install software programs on people's computers or mobile devices?

Q: Do you carry out these activities in or from Canada?

What about non-profits and membership organizations?

The Government of Canada’s CASL FAQ’s section offers this explanation about non-profits and membership organizations:

I represent a member-based not-for-profit organization; do I have the same obligations under the new law as a commercial business?

Yes, you have the same obligations, but the Act provides a special type of implied consent for these types of organizations. If you are a club, association or voluntary organization and the recipient is one of your members, you have implied consent (existing non-business relationship) as long as the individual remains a member and for two years after the end of his/her membership.

The same FAQ section offers information for non-profits and registered charities.

More information on CASL

There are a number of websites with helpful information, including:

This website outlines “Canada’s Law on Spam and other Electronic Threats.” It includes information for individuals as well as businesses, such as:

This website offers some great resources to help you understand and comply with the CASL. For example, it includes:

We hope these resources help you better understand CASL.


Image source:
 Does Canada's New Anti-Spam Law Apply? - courtesy of the Government of Canada's fightspam.gc.ca website.


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Lori Halley [Engaging Apricot] Lori Halley [Engaging Apricot]

Posted by Lori Halley [Engaging Apricot]

Published Wednesday, 23 July 2014 at 8:30 AM

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Comments

  • <a href="http://www.paveldewari89.blogspot.com/"> Pavel Dewari </a> said:

    Sunday, 17 August 2014 at 8:45 AM
    Spammers should be banned everywhere in the world.Cyber crimes have reached new dimensions.I appreciate the step taken by Canadian government.
Sorry, this blog post is closed for further comments.

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