Canada's Anti-Spam Legislation (CASL)

Canada’s anti-spam legislation, known as CASL, applies to all commercial electronic messages, or CEMs, including emails and text messages.

CASL rules apply to the content of electronic messages, and your permission to send messages to individual recipients.

All messages must include the following:

·       An unsubscribe mechanism

·       The sender’s business address

·       The sender’s phone number, email address or website address

CASL also requires senders of electronic messages to have consent from each recipient prior to sending them messages.

There are two types of consent:  

Express consent is explicitly granted by the recipient by positively responding to a request for consent. Express consent can be obtained electronically, verbally or in writing. Once express consent has been obtained, it never expires, unless the individual subsequently unsubscribes.

Implied consent exists in the following situations:

·       The recipient has been a customer within the past two years

·       The recipient has made an inquiry about your services within the last six months

·       The recipient provided you with their email address

·       You have a personal relationship with the recipient

·       You have an existing business relationship with the recipient

·       The recipient conspicuously publishes their email address on a website or elsewhere, and have not indicated that they do wish to receive electronic messages

·       If someone has referred you to the recipient, you are permitted to send them one email without obtaining express consent.

Unlike express consent, implied consent can expire, at which point you are no longer allowed to send electronic messages, including those with the intention of obtaining express consent. For this reason, it is recommended that you attempt to obtain express consent from your contacts, even those for which you currently have implied consent.

IXACT Contact includes a number of features to help you comply with CASL rules. We recommend that you take advantage of these features.