In an
effort to beef-up the Canadian online marketplace, Canada recently passed new
anti-spam legislation (CASL). Changes in Canadian e-communication laws were
unfurled July 1, 2014, and whether you’re based in Canada, the United States or
Dubai, if you haven’t noticed the change just yet, you may soon feel the
ripples in the way you receive and share email communication with recipients up
north.
In short,
the CASL runs counter to the traditional opt-out or unsubscribe models to stop
receiving unwanted email, and instead includes a strict opt-in model for B2B
email messaging whereby recipients must proactively agree to receive email from
businesses.
Per the
legislation, if you are sending a commercial electronic message (CEM) to a
Canadian recipient, you need to comply with three requirements: obtain oral or
written consent; provide identification information; and provide an unsubscribe
mechanism.
CEMs are
emails inclusive of the promotion of a product or service that encourages the
recipient to purchase the item or services. This includes the promotion of
people, public image, goods, land or even a business, investment or gaming
opportunity. There is an exemption for persons sending CEMs to other persons
within their organization, as well as for communication between two
organizations that have a business relationship.
Think
twice before you consider toeing the line with CASL. Committing a violation
under CASL can carry a hefty fine – up to $1 million for an individual and up
to $10 million for a business.
For more
information visit www.crtc.gc.ca
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