Canada’s Anti-Spam Legislation

What Marketers Need to Know

Canada's Anti-Spam Legislation (CASL) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats.

Of particular importance for marketers, CASL prohibits the sending of unsolicited commercial electronic messages (CEMs) and applies to anyone sending CEMs to Canadians (from inside or outside Canada). A CEM is a commercial email, or a message sent electronically that encourages participation in a commercial activity. This includes, but is not limited to email, SMS/text messaging and private messages on social networking platforms.

Prior to sending a CEM, marketers must ensure:

• That they have consent (or meet an exception in CASL) to email or message the individuals on your list(s).
• That the email identifies  the sender of the email along with contact details.
• That the email includes an unsubscribe mechanism, and that a  process is in place to action unsubscribe requests in a timely manner (within 10 business days).
• That the CEM does not provide misleading or false information.

In addition to the anti-spam provisions in the Canadian Marketing Code of Ethics & Standards, the CMA offers a comprehensive Guide to CASL, which provides members with an overview of the law’s CEM requirements, key elements, special cases and practical Q&As for marketing related activities.