Wham, Bam…Now There’s No Spam

Wham, Bam…Now There’s No Spam

 Starting July 1, Canada’s Anti-Spam Legislation (“CASL”) will come into effect, which could significantly impact your business’ marketing campaign.

CASL regulates how businesses generate business leads via electronic messages. In real talk, it means less unwanted e-mails! A “Commercial Electronic Message” extends to any means of telecommunications (including text, sound, voice or images), whose purpose is to encourage commercial activities. In reality, this extends to e-mails, texts, instant messages, or anything similar. Whether or not this extends to social media messaging is up in the air.

If e-blasts are a part of your marketing strategy, it is necessary for each recipient to expressly opt-in to being spammed. This can either be in writing or orally. The request for express consent must clearly set out:

- the purpose for the consent;
- the specific information being sought about the consenting individual; and
- a statement that the individual can withdraw his/her consent.

If, however, there is an existing business relationship, an existing non-business relationship or voluntary disclosures, the consent is implied. In specific instances, consent is not required.

CASL also regulates what information must be contained in the consented-to electronic message:

- information that identifies the sender;
- information enabling the recipient to contact the sender;
- a mechanism that enables the recipient to unsubscribe.

If your finger is on that trigger and you continue to spam, thereby violating CASL, monetary penalties could follow.

Word of advice: take a look at your marketing strategy and determine whether any of your electronic messages may be covered under CASL. If yes, determine whether consent is implied or needs to be expressly obtained. Finally, create internal policies that ensure that your business continues to comply with the CASL requirements.

If you have any questions on how your company can comply with CASL, feel free to reach out to CanadaFashionLaw directly.

 View more from Canada Fashion Law. Follow Ashlee Froese on Twitter at @BrandFashionLaw.

(c) Ashlee Froese, 2013. All rights reserved.

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