Canada's Anti-Spam Legislation (CASL)

Canada

With Canada's Anti-Spam Legislation (CASL) now in effect, businesses and organizations are no longer able to send "commercial electronic messages" through email, text messaging or social networks without first obtaining the recipient's express or implied consent.

The penalties for non-compliance are severe, with fines of up to $10 million, as well as the potential for private actions for damages and even class action suits.

What exactly is a commercial electronic message? How do you determine express or implied consent? And what does all of this mean for you and your business?

At Gowling WLG, our dedicated legal professionals are here to answer your questions and ensure your organization is fully CASL-compliant.

Gowling WLG is home to some of Canada's top advertising and marketing, privacy, and technology lawyers. To date, we've advised a wide range of Canadian, U.S. and multinational businesses on their CASL-readiness strategies. Our team can help you:

Audit your current approach to commercial electronic messages (CEMs) and managing recipient consents
Develop policies and plans to ensure your organization is CASL-compliant
Identify CASL exceptions and implied consent scenarios that may apply to your organization
Implement CASL best practices, including building "data buckets" to manage recipient consents, and establishing information support mechanisms for unsubscribing and preference management
Plan and implement staff training to ensure your organization understands and complies with CASL

CASL resources

Preparing Your Organization for CASL's Commercial Electronic Message Requirements: This article summarizes the critical steps that organizations need to take in order to be CASL-ready.

CASL Compliance Flow Chart: Not sure if your email practices are CASL-compliant? This helpful chart outlines seven questions that every organization needs to ask before hitting "send".

CRTC.gc.ca: The Canadian Radio-television and Telecommunications Commission website offers useful infographics, videos, and information bulletins to help you better understand how CASL affects your business.

FightSpam.gc.ca: The Government of Canada's official CASL website hosts a wealth of resources, including compliance best practices, and a glossary of terms used in the legislation.