Canadian Anti-Spam Legislation (CASL)
The Canadian Anti-Spam Legislation (CASL) is a regulatory framework established to protect Canadians from unsolicited commercial electronic messages (CEMs), including emails, texts, instant messages, and certain social media communications. CASL is one of the strictest anti-spam laws globally, requiring explicit consent from recipients before sending CEMs, with stringent rules for obtaining and managing this consent.
Consent is Key: CASL mandates obtaining express or implied consent before sending CEMs. Express consent means having an explicit, affirmative action from the recipient agreeing to receive communications.
Clear Identification and Unsubscribe Options: Every CEM must identify the sender and provide a straightforward mechanism for recipients to unsubscribe from future messages.
Record-Keeping: Organizations must keep detailed records of how and when consent was obtained from each recipient.
Transitional Provisions: CASL includes transitional provisions that allow for a period during which implied consent can be considered valid under specific conditions.
Penalties for Non-Compliance: Violations of CASL can result in significant fines and legal actions against individuals and organizations.
Opt-In Email Campaigns: A Canadian business launches a new email newsletter and uses an opt-in form on its website to collect express consent from subscribers, complying with CASL requirements.
Unsubscribe Compliance: Every promotional email has a clearly labeled unsubscribe link that allows recipients to easily opt out of future communications, aligning with CASL's mandate for user control.
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