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Worldwide Implications for Canada’s Anti-Spam Law

While it may come as a surprise to you, Canada’s anti-spam law (CASL) will have a global effect on commercial electronic messaging. As opposed to the unsubscription-focused CAN-SPAM Act of 2003 in the U.S., CASL’s policy homes in on how people end up on marketing lists in the first place.

Watch this video to learn the history and goals of CASL, the pillars of CASL policy, and the best practices for compliance.

Understanding CASL

  • It affects businesses sending commercial electronic messages to Canadians.
  • The goal is to reduce the harmful effects of spam.
  • It’s the most aggressive spam legislation to date.
  • Its maximum administrative penalty is $10 million per incident.

Obtain Implied or Express Consent

  • Confirm that your subscription method satisfies consent definitions.
  • Keep records to prove that consent was properly obtained.
  • Never presume consent; true opt-in behaviors are required.

Surround Subscription Vehicles and Messages With Your Identification

  • Include full and transparent contact information on subscription vehicles and within your commercial electronic messages.

Make Unsubscription Easy and Responsive

  • Provide clear instructions and multiple paths for unsubscription.
  • Promptly process unsubscription requests.

CASL Compliance Best Practices

  • Ensure all forms of email address collection satisfy express consent.
  • Identify yourself and include contact information on forms.
  • Verify that you document consent.
  • Consider reaffirming consent with your list.
  • Feature your identity and contact info in electronic messages.
  • Include unsubscription options on commercial electronic messages.

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