The short and sweet about CASL
CASL will enforce some of the toughest rules anywhere in the world for sending commercial electronic messages (CEMs). Penalties range from up to $1 million for individuals and up to $10 million for organizations. CEMs are any form of electronic communication that has the primary purpose of promoting goods and services and can include:
- SMS text messages
- instant messages
- video, audio and direct messages sent through social networks.
While there are some exemptions, as of July 1, you will no longer be able to send CEMs without implied or express consent.
(“Implied consent“ is based on an existing business relationship. “Express consent“ means that the recipient has opted in through an online form or other mechanism to receive your message.)
WHAT your message contains is also critical for compliance. Some features include:
- Information identifying the sender or person on whose behalf the CEM has been sent.
- Mailing address plus either phone number or email/web address of the sender or person on whose behalf the CEM is sent.
- Unsubscribe mechanism (specific conditions apply).
It’s important to ensure that any third-party service providers (like eTouchServices) are also complying with CASL requirements.
eTouchServices is taking steps to ensure that our clients’ eNewsletters are compliant with CASL as we have in the past for privacy laws. There are steps to take to ensure all your CEMs are compliant.
Summing it all up
√ You will be required to have a record of how consent was acquired:
- For express consent that means an opt-in provided to a stated purpose for receiving electronic messages from you
- For implied consent that means a record of the nature of the relationship and any two-way communications (preferably electronic)
√ You will only be able to send CEM’s after consent is received.
√ You will have to stop sending electronic messages as your first point of contact.
√ You will have to include clear unsubscribe information on all CEMs.
√ You will need to make it clear who is sending the message, why it’s being sent and contact information (including mailing address) in all CEMs.
√ Seek legal or expert advice to ensure you’re compliant.
eTouchServices client Leanne Fournier shares a business owner’s perspective about CASL.
We advise that you seek legal advice to ensure you’re compliant.
Canadian Radio-television and Telecommunications Commission (CRTC) – Provides highlights and details of what you need to know about CASL
HAPPY CASL… I mean CANADA DAY!