Is your business ready for the new Canadian Anti-Spam Law?

Beginning July 1st, a new Canadian Anti-Spam Law (CASL) will go into effect, and the legislation is much more aggressive than that of the US’s CAN SPAM. The biggest difference  – it requires “express” consent for customers vs. “implied” consent, like an existing business relationship.

Is there reason to panic? Probably not. So let’s review the law’s highlights, and how this may impact your business’s future email marketing efforts to contacts in Canada.

How is the CASL different from CAN-SPAM?

Does CASL apply to me?
If you own or operate a business in Canada or have Canadian contacts on your communication list, then yes, this new law applies to you. If your US business is only communicating with domestic contacts, then only CAN-SPAM laws would apply to your email marketing messages.

When is the compliance deadline?
The law will be enforced as of July 1st, 2014 but you will have a 3-year grace period for customers with whom you have an existing business relationship. So essentially, you have until June 30, 2017 to obtain “express consent” from customers. For recipients that have already opted-in to your list, no further action is needed.

What are the email requirements of CASL?

  • Consent. Either implied through an EBR or express consent.
  • Identification. You must be clearly identified in the message, including a postal address and either a telephone number, email address or web form.
  • Unsubscribe mechanism. You need to include an easy way for recipients to unsubscribe.

Note: CASL applies to mass email communications, and will not impact the one-on-one communications you exchange with customers and prospects.

While we enjoy helping business make money – it’s not done from inside a courtroom. So remember to consult with an attorney for the nitty-gritty details on this new law. And to learn more about the CASL, you can visit their website at fightspam.ga.ca.

Contact us if you have questions. We’re here to help you navigate these changes.

 

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About the Author

Beth Kereszturi

Beth is our VP of Digital Marketing Strategy who, besides drinking a ridiculous amount of coffee, helps clients generate more business. Whether they’ve partnered with Proximity Marketing for a decade or just joined the family, Beth helps clients achieve success and achieve measurable results.