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CASL (Canada's Anti-Spam Legislation) is one of the world's strictest anti-spam laws, governing commercial electronic messages sent to or from Canada. Enacted in 2014, it requires explicit or implied consent before sending commercial emails, and mandates clear sender identification and functional unsubscribe mechanisms. Violations can result in penalties up to $10 million CAD for businesses and $1 million CAD for individuals.
CASL compliance is essential for any organization sending commercial emails to Canadian recipients. The CRTC (Canadian Radio-television and Telecommunications Commission) actively enforces CASL with significant penalties - fines have reached $1.1 million for individual violations. Beyond financial risk, non-compliance damages sender reputation and deliverability, as Canadian ISPs and spam filters closely monitor CASL adherence. Maintaining compliance protects your brand and ensures your legitimate marketing reaches Canadian inboxes.
CASL compliance requires three core elements: consent, identification, and unsubscribe capability. You must obtain either express consent (explicit opt-in) or implied consent (existing business relationship) before sending commercial messages. Every message must clearly identify the sender with contact information and include a working unsubscribe mechanism that processes requests within 10 business days. Express consent has no expiration, while implied consent from a purchase expires after 2 years, and from an inquiry after 6 months.
CASL penalties can reach $10 million CAD per violation for organizations and $1 million CAD for individuals. The CRTC has issued substantial fines, including $1.1 million to Compu-Finder and $100,000 to Porter Airlines. Beyond fines, directors and officers can be held personally liable for corporate violations.
Express consent is explicit opt-in where recipients actively agree to receive messages - it never expires until withdrawn. Implied consent is inferred from an existing relationship: it lasts 2 years from a purchase or contract completion, or 6 months from an inquiry or application. Express consent is always preferred as it provides stronger legal protection.
Yes, CASL applies to any commercial electronic message that is sent to or accessed in Canada, regardless of where the sender is located. If your email recipients include anyone in Canada, you must comply with CASL requirements for those messages.
Every commercial message must include: the sender's name (or the name of the person on whose behalf the message is sent), mailing address, and at least one of phone number, email address, or website URL. You must also include a clear and prominently displayed unsubscribe mechanism.
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