1. What is CASL?CASL is a new anti spam law that may apply to all digital messages i. e. email, texts groups send in connection with a “commercial undertaking.
” Its key characteristic calls for Canadian and global businesses that send commercial digital messages CEMs within, from or to Canada to obtain consent from recipients before sending messages. CASL does not apply to CEMs that is just routed via Canada. 2. What’s the definition of a “commercial piece of email” CEM?A CEM is any email correspondence that encourages participation in a advertisement endeavor, similar to an email that contains a discount or tells clients a couple of advertising or sale. That said, a message that comprises links to a site or consists of business associated advice doesn’t make it a CEM. CEMs must be sent to an digital address to be caught by CASL.
Confirmations of successful unsubscribes, courtesy SMS sent to roaming customers, and publication of blog posts on micro running a blog and social media sites are out of scope. 3. What constitutes consent?To send a CEM, agencies need specific consent from recipients—either orally or in writing. Written consent can be digital. 4.
How can we get consent from our recipients?5. Can consent be implied?Yes. Organizations don’t need specific consent to send a CEM in the context of an current business or non company dating, or if recipients conspicuously submit their digital touch tips or voluntarily reveal it without indicating they don’t want to obtain communications. 6. What occurs if we don’t comply with CASL?Organizations that don’t comply risk extreme penalties, adding crook fees, civil fees, private liability for agency officers and directors, and penalties up to $10 million.
7. When will CASL come into force?CASL will come into force in three stages:10. What is the partial exemption for third party referral messages?Under this partial exemption, agencies can send one single message to procure consent for future messages. This means a CEM sent for the 1st time following a referral doesn’t require consent, as long as an current enterprise, non-public or family courting exists and the sender contains the whole name of the individuals who made the referral, the identity of the sender and an unsubscribe mechanism. Any CEM sent following the 1st referral must conform to the shape and content material requirements of CASL e.
g. determine the sender and include an unsubscribe mechanism. 11.