Effective July 1, 2014, CASL, the new anti-spam law will go into effect. This will have a significant impact on most businesses that send emails or text messages to Canadians or Canadian companies.
In essence you must get permission to send an email or text message otherwise fines for individuals can be as much as $1 million and for businesses, up to $10 Million.
CASL is Canada’s way to decrease the amount of spam that reaches are email boxes every day. This law is one of the toughest laws on spam in the world.
Just because someone has been on your mailing list forever does not mean that you have permission to continue to email them and if you email them after July 1st, it could result in stiff penalties.
The basics are you cannot send a commercial electronic message (CEM) to anyone that has not given you express or implied permission to do so.
What is a “Commercial Electronic Message” or CEM
Your email is a CEM if the intent of the email is to encourage the recipient of the email to participate in a commercial activity. The expectation of profit is not required. In plain English it means any email that:
- Advertises or promotes your business.
- Offers a business, investment or gaming opportunity.
- Promotes a person that does anything referred to in 1 or 2 above.
The key here is if the intent or underlying purpose is to encourage participation in a commercial activity, it is considered a commercial electronic message. Most of us can figure out 99% of the time the intent of our message.
This not only includes the text, but also images, videos, hyperlinks, etc. contained within your email.
In addition, each email you send out after July 1st, even if you have consent, must contain specific information such as:
- Sender Identifying Information: This is your name, mailing address and one of your telephone number, email address or website address.
- An Unsubscribe Mechanism: Includes an unsubscribe link or other mechanism that will allow the receiver to unsubscribe with no cost to the receiver.
There are some exemptions to the law such as if the sender and recipient are engaged in a business relationship. The purchasing of a product or even a donation is enough for the exemption to apply.
The law as it stands now is a whopping 14,821 words to review. We at IED Web Marketing, in conjunction with Devry Smith Frank LLP have created a simplified version of CASL. This FREE guide will walk you through what you need to know to ensure your company is up to speed on this new law.
Get the Guide To CASL- Canada’s Anti Spam Law today.