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Business & Marketing, SEO in the News

Does the New CASL Law in Canada Affect Your Website?

Graphic of a stop sign that says STOP SPAM
Reading Time: 4 minutes

It has been just over one month since CASL, the new Canada anti-spam law, regulating email and other commercial electronic marketing came into effect. These CASL regulations are having a huge impact on businesses around the world.

According to Canadian government’s official Fight Spam website,

“If you use electronic channels to promote or market your organization, products or services, Canada’s new anti-spam law may affect you.”

The new spam laws in Canada requires that for all Canadian email addresses in your marketing database after July 1, 2014 you are required to have documented proof of consent, whether it be implied or express. Canada is getting tough on spam and the Canadian Radio-Television and Telecommunications Commission (CRTC) has made it clear that it is the advertiser’s duty to understand and comply with the law.

In the early days of Canada’s new anti-spam law everyone seemed shocked and scared of the stiff penalties for non-compliance. The Globe and Mail reports:

The penalties for each violation can be up to $1-million for an individual and up to $10-million for companies. The law will be enforced by three government agencies: the Canadian Radio-Television and Telecommunications Commission (CRTC), the office of the privacy commissioner, and the Competition Bureau. As of July 1, 2017, there will also be a private right of action, which means people can start taking legal action against anyone not following the rules. The big concern for businesses is the threat of class-action lawsuits.

This is not just a law directed at instant messaging or emails – if you use email, SMS, Social Media, and Instant Messaging or operate an e-commerce site, you need to understand the law too. In order to help you better understand CASL and what you need to do to be compliant we have compiled a number of reputable and resources.

In This Article

  • 1. CASL Explained
  • 2. Does CASL Apply to My Business?
  • 3. The Big Three of CASL
  • 4. The FAQs of CASL
  • 5. Express Consent and E-Commerce
  • 6. The CEM Compliance Tree
  • 7. UBC Compliance Check List
  • 8. 3 Steps to CASL Compliance
  • 9. Anti-Spam Toolkit

1. CASL Explained

By CRTC – The CRTC staff provide a detailed overview of the law and its ramifications in this informative YouTube video.

2. Does CASL Apply to My Business?

By CRTC – This is an informative video that examines several business models and the effects of the new CASL law in each scenario.

3. The Big Three of CASL

By Fightspam.gc.ca – This infographic is worth printing and hanging up on your marketing department wall to help in compliance with the CASL.

4. The FAQs of CASL

By Fightspam.gc.ca – This is where you can access the most frequently asked questions about the new law and any other questions you come up with, including the difference between implied and express consent, how to prove you have consent, how to ensure full compliance and Canada anti spam law for businesses in the US (ie. how CASL applies to your business practices outside of Canada).

5. Express Consent and E-Commerce

By CRTC – One of the big changes that must be considered with your e-commerce forms is the Toggle Form.  Your customers must physically opt in for the order or subscription to be valid and a pre-checked box that put the onus on the customer to opt out is no longer valid. Inaction on the part of the customer is now considered as a lack of consent.

6. The CEM Compliance Tree

By Lawson Lundell LLP – The law firm of Lawson Lundell LLP has developed a great flow chart (go to page 6) to track what is needed to stay in compliance with the law when sending a Commercial Electronic Message (CEM). Know how to answer questions such as does CASL apply, does the message comply with content requirements, how to know if the message is exempt from requirements and if consent can be implied.

7. UBC Compliance Check List

By The University of British Columbia (UBC) – UBC has put together this convenient checklist to help you stay or get back into compliance with the law.

8. 3 Steps to CASL Compliance

By Constant Contact – A valuable checklist from one of the leading email marketing sites in North America.

9. Anti-Spam Toolkit

By McCarthy Tetrault – A 42-page document that includes information about updating messaging systems, false or misleading statement, technical compliance as well as an initial compliance questionnaire, CASL preparedness checklist and commercial electronic message decision tree.

1st on the List has provided this information and links as a courtesy and is in no way representative of the opinions stated there in. This is not intended to be a full analysis of how CASL may apply to you. If you feel your site is not meeting acceptable standards we recommend contacting legal representation.


Chris Genge

Chris Genge is the Founder of 1st on the List. For over 25 years he helped hundreds of companies across North America with his technical expertise and practical upfront approach to Search Optimization and Digital Marketing. Chris was a true pioneer in his field and mastered the skill of helping clients set goals and achieve results all while fostering growth and teamwork amongst his incredible team of SEO experts and Web Designers located in Abbotsford and throughout British Columbia. Learn more about Chris's legacy.
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August 5, 2014/by Chris Genge
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