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CASL

CASL means Canada's Anti-Spam Legislation. It regulates commercial electronic messages and also covers activities such as installing computer programs, so an MSP should check both its marketing practices and its software deployment arrangements.

  • Filed under Compliance.
On This Page
  1. Check the Message and the Consent Basis
  2. Keep Evidence That Matches the Action
  3. Common Questions

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 DecisionWhat to Put in Place
Newsletter or offerRecord the consent basis and use clear sender details and a working unsubscribe route.
Download formAsk for marketing consent separately, with an unticked opt-in when seeking express consent.
Remote agent deploymentCheck 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.

Sources3
  1. CRTC, Frequently Asked Questions about Canada's Anti-Spam LegislationCrtc Gc Ca
  2. CRTC 2012-548, Separate consent requestsCrtc Gc Ca
  3. CRTC 2012-549, Positive opt-in consentCrtc Gc Ca

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