As of July 1, 2014, CASL (Canadian Anti-Spam Legislation) is in full effect. Understandably, you might be thinking to yourself “I don’t live in Canada, so why should I care?”
To answer that question, you should care because it has implications for everyone. This law isn’t just for those who live in Canada, it impacts anyone who communicates with Canadian residents. So if you have Canadian residents on your email list, this law applies to you.
If your business hasn’t been preparing for this change already, you have some work ahead of you. However, for the most part, the majority of marketers already meet most of the CASL criteria. But just in case you’re not in compliance, this post will get you up to speed with what you need to know.
CASL Is All About Permission-Based Marketing
The underlying principal behind CASL is that you need to have someone’s permission before marketing to them. How you obtain that permission is also key.
There are two types of permission defined by CASL:
- Implied consent: You have implied consent if you have an existing business relationship with the person you’re sending an email to. Implied consent has a 24-month shelf life.
- Explicit consent: You have explicit consent if someone has specifically told you that you can send them marketing emails. Explicit consent is valid until it is revoked by the recipient.
Here are some more of the most important points you need to know .
Top 5 Things You Need To Know About CASL
1. Pre-Checked Boxes Are Not Allowed
During a signup process, you are no longer allowed to have a pre-checked box that acts as an opt-in to your mailing list. You are still allowed to have unchecked boxes, where people have to manually click and indicate they would like to be added to your list.
2. CASL Is In Effect As Of July 1, 2014.
CASL is now in effect, but you are allowed a grace period with some conditions. You are no longer allowed to send promotional emails to people you have not received either implicit or explicit permission from. If you’re unsure whether or not you have permission, it’s best not to email those people without asking them first.
You are not obligated to confirm explicit permission until July 1, 2016. An individual’s right to private action comes into effect on July 1, 2017, which means they will be able to challenge you if you are in violation of CASL.
3. You Are Still Allowed To Send Certain Types Of Messages Without Permission
You are still allowed to send transactional messages such as password reset, purchase, and shipping confirmations. These messages must contain absolutely no promotional content.
4. CASL Applies To Promotional Emails Sent To Canadians
As stated at the beginning of this post, you do not have to live in Canada for this law to apply to you. You still must comply with the rules of CASL when it comes to any promotional materials sent to Canada. However, if you are a Canadian company, you do not have to comply with CASL when sending messages outside of Canada, but you do have to comply with the rules of the country you’re sending emails to.
5. Everyone Interprets Permission Differently
Everyone has a different opinion on what they believe permission should be defined as. To stay on the safe side, make sure it’s very clear when someone is signing up to your email list. Also, let them know what they’re getting into and what kind of communication they can expect from you. There should be no surprises or unexpected email signups.
For full information about CASL, visit the Government of Canada’s official website about the new law.
