On July 1, 2014, Canada enacted legislation called “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, makes the annexed Electronic Commerce Protection Regulations,” or as most people refer to it – Canada’s Anti-Spam Legislation (CASL).
This law applies to Canadian commercial email marketers, as well as commercial email marketers globally sending messages to Canadian subscribers. There are limited exceptions for political parties and charities sending communications that focus solely on fundraising activities. The following is a high level overview of the requirements of the new law; steps to take to prepare for compliance; and important dates to keep in mind for various requirements. We have also provided a number of online resources that should assist you in your compliance efforts.
Please review your email program with your legal counsel to ensure that your program is meeting CASL’s requirements. The information provided is for your background and overall guidance and should not be considered as legal advice for your specific needs.