Canada’s Anti-Spam Legislation (CASL)
Happy Canada Day!
We hope everyone had an excellent holiday. July 1st, 2014 not only marked Canada’s birthday, but also the start of Canada’s Anti-Spam Legislation (CASL). Since this legislation can potentially effect HTCS and the businesses of our loyal customers, we would like to share some important information with you.
How does this effect you as a business owner?
As its name suggests, the legislation is aimed at curbing electronic messages promoting everything from free vacations to legitimate newsletters from your company. In addition to emails, CASL will also apply to text messages, instant messages, and any similar messages sent to electronic addresses. It will not however, apply to promotional information you post online in places like blogs or social media.
The legislation also imposes changes on how and when businesses can contact their customers via email. That leaves business owners with two options: redesign your email-marketing strategy to comply, or face the potentially costly consequences. (Penalties for the most serious violations of the Act can go as high as $1 million for individuals and $10 million for businesses). There will be a 36-month transitional provision (beginning July 1, 2014) relating to consent requirements. None will be able to bring a case before the courts (including class actions), until July 2017.
What do you mean by “consent”?
You can’t send a commercial electronic message if you don’t have at least implied consent
You have 36 months* to obtain express consent from your past clients or customers.
*This period ends if/when recipients indicate that they no longer consent to receiving your commercial electronic messages.
For more information on Implied and Express consent, please Click Here
Will CASL be expensive or hinder my small business?
Businesses that already comply with privacy laws and use common best practices for email marketing should require little effort to comply with CASL. The law requires an expression of consent or implied consent under certain circumstances to send commercial messages to individuals’ electronic addresses.
How can I ensure that my business is in full compliance with CASL?
Make sure you gain a consumer’s consent prior to sending commercial electronic messages. Make sure you properly identify yourself in the message and provide an option to unsubscribe from future commercial messages. Organizations are advised to consider seeking their own legal advice regarding how to comply with CASL.
For more information on CASL, please visit the Government of Canada’s official page.
Legal Disclaimer: This information contained in this document was derived from several government websites and is intended for reference purposes only. While we make every reasonable effort to ensure that the information provided is accurate, it is in no way meant to replace official legal advice from a registered attorney. Hi Tech-C Systems, Inc. (HTCS) is not responsible for omissions or errors in information which may result in repercussive action due to misinterpretation of this document. Always consult your local laws, government agencies, and official documentation before sending out any bulk email.