CASL regulates the sending of Commercial Electronic Messages ("CEM"s) and the installation of computer programs.  CASL also restricts the unauthorized collection of emails addresses, prohibits false or misleading representations in electronic messages and prohibits the alteration of transmission data.

 

Who Does the Law Apply To?

 

CASL applies to residents of Canada but is not limited to just Canadians.  Anytime a device is used to access an electronic message in Canada it is subject to the law.

 

3 Basic Requirements of CASL:

1. Consent - you must have express or implied consent.
2. Identification - you must clearly identify yourself (business name, mailing address & either a telephone number, email address or web address).
3. Unsubscribe - you must provide an unsubscribe link or email address, which allows the recipient to stop receiving the messages in the future.

 

Express vs Implied Consent

 

Express consent may be obtained orally or in writing.  It must be obtained through an opt-in mechanism.

 

Implied consent exists is there is an existing "business relationship" or "non-business relationship" between the sender and the recipient.  Implied consent also exist is the recipient publishes their emails address or they disclose their email address to the sender (i.e. provide you with a business card).

 

What is a Business Relationship?

 

A "business relationship" exists if the recipient purchased, leased or otherwise entered into a contract with the sender.  It also exists when in the last six months the recipient had contacted the sender about obtaining its goods, services or otherwise.

 

It is important for organizations to properly record their CEM consents.  You will want to record the following:

1. If the consent is explicit or implicit
2. When it was obtained
3. The manner in which it was obtained
4. When it expires (if applicable)

 

Although it seems like a lot - it is important to remember that these guidelines set forth by CASL mirror best practices in email marketing.  Permission-based email marketing is the best route to developing long-lasting customer relationships and will provide the best campaign results.  It is critical for organizations to maintain the integrity of their lists and White Glove Virtual Assistant can help!  Let us work with you and your clients to ensure express consent.  Contact us today to review your requirements!

White Glove Virtual Assistant is proud to be a supporter of 100 Women Who Care Uxbridge.  They are a group of 100 women in Uxbridge who care about local community causes and who are committed to community service.  They gather for just one hour every three months and at each meeting jointly select a local charity or not-for-profit organization and write a $100 cheque (per person/team) to the selected organization.  At their May meeting, 100 Women Who Care Uxbridge raised $12,100 for the Loaves & Fishes Food Bank.  The next meeting is August 27th at Wooden Sticks. For more information on this amazing group, please visit www.100womenuxbridge.com. 

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