In 2014, Canada’s federal anti-spam legislation (CASL), which is one of the strictest spam laws in the world, came into force.
In general, CASL requires express or implied consent to send commercial electronic messages (CEMs) and also imposes sender identification and unsubscribe requirements. The legislation also includes a number of types of implied consent and exemptions, which should be carefully reviewed before being relied upon.
CASL can apply to, among other things, outbound electronic marketing, marketing to existing customers, compiling marketing lists from online e-mail addresses, collecting e-mails for marketing during contests and other promotions, certain types of B2B marketing (e.g., marketing to potential business customers found online or on social media platforms and contacts from networking events) and “friends and family” and other similar types of promotions where entrants/participants are either required or incentivized (e.g., given bonus contest entries) to share information about the promotion/contest with their friends, family or other contacts.
CASL (CANADIAN ANTI-SPAM LAW)
LEGAL SERVICES
Our CASL (federal anti-spam law) legal services include advice relating to general CASL compliance, consent requirements, identification and unsubscribe requirements, Competition Act compliance for electronic marketing and advertising, steps to adapt existing electronic marketing and consent requests to comply with CASL, CASL compliance programs and policies, record-keeping requirements (i.e., to document consent), drafting list agreements for sharing electronic marketing lists, drafting provisions for commercial agreements (e.g., to document the “existing business relationship” exemption) and CASL compliance for specific types of advertising and marketing (e.g., collecting and using e-mail addresses in contests, “friends and family” type promotions and other electronic marketing).
For more information about CASL, see: CASL (Anti-spam Law), CASL Compliance, CASL Compliance Tips, CASL Compliance Errors, CASL Precedents and Contests and CASL.
REPRESENTATIVE CASL WORK
Some representative examples of our CASL (federal anti-spam law) work includes CASL related opinions and advice, CASL compliance programs, checklists for complying with CASL’s consent, sender identification and unsubscribe requirements, advice to structure electronic distribution lists and document consent, reviewing draft consent requests and sender identification information, advice structuring unsubscribe options (e.g., blanket unsubscribes, unsubscribe menus, etc.), list sharing agreements and advice relating to the different types of implied consent and CASL exemptions (including the existing business relationship category of implied consent and the business-to-business exemption).
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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.
These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program.
The following are the CASL (Canadian anti-spam law) precedents and checklists that we offer:
- Express Consent Requests & Consent For Third Parties
- Sender Identification Information & Unsubscribe Mechanism
- Common Business Related Exemptions & Implied Consent
- Documenting Consent & Scrubbing Mailing Lists
- CASL Corporate Compliance Program
For more information and to order, see: CASL Precedents.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
