How to Comply with Canada's Anti-Spam Legislation (CASL): DOs and DON'Ts Checklist

Published: 30/06/2014
(Revised: 02/02/2023)
Reading time: 2 minutes

July 1st is not only Canada Day but also the day Canada’s Anti-Spam Legislation (CASL) comes into effect. The law has been described by some as the most stringent anti-spam legislation in the world. The CBC recently reported that according to the Canadian Federation of Independent Business (CFIB), most small-medium businesses are still unprepared to apply the new legislation. Help your company prepare for the implementation of the new regulation by following these 5 steps:

1. Verify Whether You Have Received Express Consent From Your Canadian Contacts

CASL deals with two types of consent:

- Express consent: a recipient explicitly asks to receive your commercial electronic messages (CEMs). This expires only when an unsubscribe request is received;
- Implied consent: a relationship exists but the recipient has not explicitly asked to receive CEMs. This, on the other hand, expires after 24 months.

2. Ensure That All Your Electronic Communications Are Compliant With CASL

Every CEM you send must:

(1) Be sent with consent of the recipient;

(2) Clearly identify the sender; and

(3) Provide an unsubscribe mechanism.

3. Define a Plan to Gradually Build Express Consent From Your Canadian Contacts

You have a period of three years to ask for express consent from your existing business relationships. Implement a plan to gain their consent to ensure you can continue to send them CEMs.

4. Keep a Database to Monitor Express and Implied Consent

In order to comply with the Canada’s Anti-Spam Legislation (CASL), maintain a centralized database to keep track of your contacts and their levels of consent. You must be able to prove consent by providing the following information:

- What type of consent was obtained;
- When it was obtained;
- The context in which it was obtained.

5. Educate Your Team About the DOs and DON'Ts of CASL and Enforce New Policies

It is critical that your employees be fully aware of the new Canada’s Anti-Spam Legislation regulations, implications, and risks. Learn more with our CASL DOs and DON’Ts document.

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How to Comply with Canada's Anti-Spam Legislation (CASL): DOs and DON'Ts Checklist​