Check the Message and the Consent Basis
For a commercial electronic message within CASL's scope, the starting requirements are consent, sender identification and an unsubscribe mechanism, subject to the applicable exceptions. Express and implied consent have different conditions. An email address appearing in a CRM does not establish which condition is met.
| MSP Decision | What to Put in Place |
|---|---|
| Newsletter or offer | Record the consent basis and use clear sender details and a working unsubscribe route. |
| Download form | Ask for marketing consent separately, with an unticked opt-in when seeking express consent. |
| Remote agent deployment | Check the computer-program consent rules and relevant exceptions before relying on a client agreement. |
Keep Evidence That Matches the Action
Retain what the recipient agreed to, when and how, and the source of any implied-consent basis. Check the actual message and relationship before treating a customer notice or business contact as exempt. Keep unsubscribes synchronized with the sending system.
Common Questions
Does CASL prohibit all marketing email?
No. It sets requirements and exceptions. Check the message, consent basis, identification and unsubscribe obligations before sending.