This blog serves as a friendly reminder to our clients and social media followers that Canada’s new Anti-spam law and Regulation “CASL” will come into effect on July 1, 2014. Canadian businesses that rely on email marketing for sales and prospecting will be affected by it.
Don’t be fooled by the name. You don’t need to be a spammer, or located in Canada, for the legislation to regulate important elements of your business.
The purpose of the legislation is to the limit the number of commercial electronic messages (“CEMs”) being sent to recipients without their consent. CASL is imposing content requirements for all CEMs sent on and after July 1, 2014 as well, regardless of whether the recipient gave express or implied consent.
The key necessities are as follows:
- For the purposes of subsection 6(2) of the Act, the following information must be set out in any commercial electronic message:
- the name by which the person sending the message carries on business, if different from their name, if not, the name of the person;
- if the message is sent on behalf of another person, the name by which the person on whose behalf the message is sent carries on business, if different from their name, if not, the name of the person on whose behalf the message is sent;
- if the message is sent on behalf of another person, a statement indicating which person is sending the message and which person on whose behalf the message is sent; and
- the mailing address, and either a telephone number providing access to an agent or a voice messaging system, an email address or a web address of the person sending the message or, if different, the person on whose behalf the message is sent.
- If it is not practicable to include the information referred to in subsection (1) and the unsubscribe mechanism referred to in paragraph 6(2)(c) of the Act in a commercial electronic message, that information may be posted on a page on the World Wide Web that is readily accessible by the person to whom the message is sent at no cost to them by means of a link that is clearly and prominently set out in the message.
Marketers using social media are content about not worried about Canada’s Anti-Spam Legislation (CASL) affecting them because they think it may not apply to them. But, all businesses should be vigilant. Although social media advertising has the possibility of being CASL- exempt, CASL compliance may be required for various steps along the way.
Although the Government of Canada anticipates that this Act will discourage email spam coming from Canada, it is not expecting to entirely eliminate it, since a significant amount of spam comes from other countries. Nevertheless, as Canada is the last of G8 countries to bring in this type of legislation, the Act’s implementation will certainly add to existing global efforts aimed at reducing, if not getting rid of, spam.
iRISEmedia.com is a digital media agency and SEO company, specializing in Social Media and internet marketing. Our team helps clients increase their reach and profitability by developing and implementing customized and targeted online and social media marketing strategies. We service clients in Toronto, Ontario, the GTA and throughout Canada as well as globally.
It is never too early to start complying with CASL’s requirements. The first step in this lengthy process is to identify who within your organization will be the contact person for all CASL-related communications. We have an internet law department at iRISEmedia that will be glad to guide you further in this matter.
* Please note that this article is intended for information purposes only and should not in any way be construed as a valid legal opinion on CASL Compliance.