Last fall, I provided an overview of sections of the upcoming Canada Anti-Spam Legislation (“CASL”) and explained why every business, large or small, must begin preparing for it. Since then, there have been some developments in the area, most significantly, the announcement that the CASL will be coming into force on July 1, 2014. It is important that every business begin preparing for the CASL now, as, a few months from now, it will have a profound impact on how businesses engage in electronic communication and marketing.
Canada’s anti-spam legislation is expected to be declared in force in 2013. It will regulate most forms of commercial electronic messages sent to Canadians, including email, text messages and messages sent through social media. Under the anti-spam legislation, either express or implied consent is required before sending commercial electronic messages. In addition, the message must comply with prescribed information disclosures, and a mechanism to unsubscribe must be provided.
The Anti-spam bill places restrictions on the type of unsolicited communications organizations can send. You will only be allowed to send commercial electronic messages if the recipient has given express or implied consent. A commercial electronic message is one whose purpose is "to encourage participation in a commercial activity"...