Small Business and the Canadian Anti-Spam Law for Email Marketing
The Canadian Anti-Spam Law (CASL) is a law protecting Canadians against unwanted marketing communications as well as other issues that unwanted emails bring including identity theft, phishing and the spread of malicious software.
At OmniWorx Inc. we often get questions surrounding the legalities of marketing communications such as email and paper newsletters. Here is some basic information to help you make sure your business is adhering to CASL.
Getting Consent
One of the biggest things you can do to ensure compliance with the CASL is to make sure you are getting consent to send communications. There are two types of consent, express and implied.
Express consent is when a customer actively tells you that you can email them through a checkbox or toggle switch on a form. The customer just providing you with their email address does not count as express consent unless it is in a form specifically designed for that purpose such as a newsletter signup form and it is stated that filling out this form will result in their email being added to a mailing list. The customer must take proactive action to express consent, eg. have to actively check a checkbox or switch a toggle. The box or toggle can not be “active” by default.
Consent is implied when you have some type of existing business relationship with the recipient such as being a customer, client or volunteer or club members. Keep in mind, however, that this consent does come with a time limit as stated below.
The recipient has made a purchase or entered into a contract with your company or organization within the last two years.
The recipient has made an inquiry about purchasing from your company within the past 6 months assuming that the customer did not make a request to not receive marketing communications.
You are a registered charity, a political party or organization, or a candidate for publicly elected office and the recipient is a donor who made a donation within the last two years.
You are a registered charity, a political party or organization, or a candidate for publicly elected office and the recipient is a volunteer or attended a meeting hosted by yourself within a two year period.
The recipient is a member of your club, association or volunteer organization.
In certain situations, if an email is posted conspicuously on a website and not accompanied by a message that they don’t want to receive marketing communications you may send communications provided that your message is relevant to the recipients role or business function in their organization
Identification
You must identify who the email is being sent by or on the behalf of. This identification can be done by entering the names of the person or people in the sender field supplied by most email marketing platforms. You must also provide a mailing address you can be reached at. For home based businesses, this address does not need to be your home address as long as it is an address recipients can reach you at by physical mail such as a P.O. Box. Addresses must also be active for 60 days after the communication was sent.
Unsubscribe
You must provide a simple, readily available, no cost way for recipients to unsubscribe from the email list at any time. Unsubscribe requests must be acted on within 10 days, however, most email providers will process a request immediately.
Liability
Individuals found to be in contradiction of the CASL can be fined up to $1 million per offence and corporations can be fined up to $10 million per offence. Liability also includes directors, officers and other agents of the entity sending the offending message.
Exemptions
Messages in the following categories are exempt from CASL requirements.
Messages sent by or on behalf of an individual to another individual whom they have a family or personal relationship.
Messages sent to an employee or consultant of your business or another organization with whom your organization has a relationship.
Messages sent in response to a request, inquiry, or complaint or that is otherwise solicited by the recipient.
Messages that will be accessed in a foreign country, including the U.S., China, and most of Europe, as long as the message complies with the anti-spam laws of that foreign country.
Messages sent by or on behalf of a registered charity or a political party or organization for the purposes of raising funds or soliciting contributions.
Messages sent to a person to satisfy a legal obligation, provide notice of an existing or pending right, legal, or juridical obligation, court order, or to enforce a legal right, juridical order, or court order.
Provide warranty, recall, safety, or security information about a product or service purchased by the recipient.
Provide notification or factual information about a purchase, subscription, membership, account, loan, or other ongoing relationship, including delivery of product updates or upgrades.
Facilitate, complete, or confirm a commercial transaction that the recipient previously agreed to enter.
Provide a quote or estimate for the supply of a product, good, or service requested by a customer or client.
Resources
https://crtc.gc.ca/eng/com500/guide.htm
https://crtc.gc.ca/eng/com500/faq500.htm
https://mailchimp.com/help/about-the-canada-anti-spam-law-casl/
Disclaimer: The information provided is for discussion purposes only and is meant to provoke interest in the reader and motivation to learn more about the Canadian Anti-Spam Law from their legal professional and does not constitute legal advice.
About the Author - Jack C. Henry
A graduate of OCAD University’s Graphic Design program, Jack blends art with real-world business strategy. The result? Creative solutions that add value to your business. Jack has designed for a wide range of industries including restaurants, retail stores, health care, community organizations and charities. As well as helping companies develop their brand, he creates beautiful marketing materials and signage. More…
About OmniWorx Inc.
OmniWorx Inc. is a boutique design firm based in Scarborough in Toronto’s east end, with an office in Lakefield in the Kawarthas, providing graphic design, branding, marketing services to individuals, local small & mid-sized businesses and realtors. More...