CASL
CASL regulations apply to any “Commercial Electronic Message” (CEM) sent from or to Canadian computers or devices in Canada. Messages routed through Canadian computer systems are not subject to this law.
CASL regulations apply to any “Commercial Electronic Message” (CEM) sent from or to Canadian computers or devices in Canada. Messages routed through Canadian computer systems are not subject to this law.
A CEM is any message that:
- is in an electronic format, including emails, instant messages, SMS text messages, and some social media communications;
- is sent to an electronic address, including email addresses, instant message accounts, phone accounts, and social media accounts; and
- contains a message encouraging recipients to take part in some commercial activity, including offers to purchase, sell, barter, or lease a product, goods, a service, land, or an interest or right in land or offers to provide a business, investment or gaming opportunity, the promotion of products, services, people/personas, companies, or organizations.
Fax messages and fax numbers aren’t considered electronic formats or addresses under CASL.
EXEMPT MESSAGES
The following types of CEMs are exempt from CASL for various reasons.
- Messages are sent by or on behalf of an individual to another individual with whom they have a family or personal relationship.
- Messages are sent to an employee or consultant of your business or another organization with whom your organization has a relationship.
- Messages sent in response to a request, inquiry, or complaint or that is otherwise solicited by the recipient.
- Messages that will be accessed in a foreign country, including the U.S., China, and most of Europe, as long as the message complies with the anti-spam laws of that foreign country.
- Messages sent by or on behalf of a registered charity, political party, or organization to raise funds or solicit contributions.
- Messages are sent to a person to satisfy a legal obligation, provide notice of an existing or pending right, legal, or juridical obligation, court order, or enforce a legal right, juridical order, or court order.
- Messages are sent and received on an electronic messaging service if the information and unsubscribe mechanism that is required under CASL is conspicuously published and readily available on the user interface through which the message is accessed and the person to whom the message is sent consents to receive it either expressly or by implication.
- Messages are sent to a limited-access secure and confidential account to which messages can only be sent by the person who provides the account to the person who receives the message.
CASL also contains an exception to the consent requirement for certain transactional messages. These messages require the sender to comply with CASL’s identification and unsubscribe requirements. For example, the options to unsubscribe must be simple, easy to use, and accessible for 60 days following receipt of the message.
TRANSACTIONAL MESSAGES
Transactional messages include CEMs that solely:
- Provide warranty, recall, safety, or security information about a product or service purchased by the recipient.
- Provide notification of factual information about a purchase, subscription, membership, account, loan, or other ongoing relationship, including delivery of product updates or upgrades.
- Facilitate, complete, or confirm a commercial transaction the recipient previously agreed to enter.
- Provide a quote or estimate for the supply of a product, good, or service.
If a message does not fall within one of the exemptions or exceptions to the consent requirement listed above, then consent is required under CASL.
These terms of service are effective as of 01 January 2022.