If your business or organization engages in the distribution of commercial electronic messages, such as emails promoting products or services or soliciting reviews through electronic channels in Canada it is imperative to adhere to the stipulations of Canada's Anti-Spam Legislation (CASL).
Compliance requires obtaining consent, furnishing identification information, and incorporating an unsubscribe mechanism in every message.
If you respond affirmatively to any of the subsequent queries, it indicates a possible existing business relationship, thereby implying consent. This would allow you to dispatch commercial electronic messages:
- Has the recipient executed a purchase or lease of goods, services, land, or interest in land within the two-year period immediately preceding the message's dispatch?
- Has the recipient accepted a business, investment, or gaming opportunity provided by your business within the two years immediately before sending the message?
- Has the recipient made an inquiry or application related to the aforementioned items within the six-month period immediately preceding the message?
- Has the recipient entered into a written contract, either still in existence or expired within the two years immediately preceding the message's dispatch?
How can I substantiate that I have consent?
Demonstrating recipient consent is essential before sending commercial electronic messages. If relying on implied consent, businesses must substantiate that their situation aligns with the criteria outlined in Canada's Anti-Spam Legislation. The Canadian Radio-television and Telecommunications Commission (CRTC) has issued guidance to assist in developing corporate compliance programs. For those continually sending commercial electronic messages based on implied consent, maintaining accurate and ongoing records is imperative.
What records should I maintain to validate consent?
Consider retaining hard copy and/or electronic records of the following:
- Policies and procedures pertaining to commercial electronic messages.
- All contemporaneous unsubscribe requests and the subsequent actions taken.
- Evidence of express consent (e.g., audio recordings, completed forms, or contracts) from consumers agreeing to receive commercial electronic messages.
- Logs of recipient consent for commercial electronic messages.
- Scripts used for commercial electronic messages.
- Records of commercial electronic message campaigns.
- Staff training documents.
- Other pertinent business procedures.
- Official financial records.
It is okay to send commercial electronic messages as long as there is substantiated implied consent. It is crucial to bear in mind that implied consent can expire, emphasizing the necessity of proving the consent relied upon for sending commercial electronic messages.
Should you have any questions regarding Canada's Anti-Spam Legislation, feel free to reach out to us – we are here to assist you! :)