Anti-Spam (CASL)

On December 15, 2010, Canada’s new federal anti-spam legislation (CASL), one of the strictest in the world, received Royal Assent.  CASL came largely into force on July 1, 2014.

CASL creates an “opt-in” regime for commercial electronic marketing and amends four federal statutes: the Canadian Radio-television and Telecommunications Commission Act; Competition Act; Personal Information Protection and Electronic Documents Act; and Telecommunications Act.

In general, CASL requires express or implied consent for the sending of “commercial electronic messages” and imposes certain form (i.e., disclosure) and opt-out (i.e., unsubscribe) requirements for electronic communications.

CASL significantly impacts individuals, companies and other organizations that engage in electronic marketing, such as e-mail, text messaging, instant messaging and some types of social media marketing.

My anti-spam law (CASL) services include advice relating to: general CASL compliance; consent requirements; form and unsubscribe requirements; Competition Act compliance for electronic marketing and advertising; steps to adapt existing electronic marketing to comply with CASL; and CASL compliance for specific types of advertising and marketing (e.g., capturing and using e-mail addresses in contests).

For more see: Anti-spam Law

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