CASL (Canada's Anti-Spam Legislation) is a regulatory framework designed to protect consumers and businesses from unsolicited electronic messages. Enacted in 2014, CASL aims to reduce spam and other electronic threats, such as identity theft, phishing, and spyware.
Mobile marketers should be aware of CASL to ensure compliance with legal requirements, avoid hefty fines, and maintain trust and credibility with their audience by respecting their preferences and privacy.
When planning their email and SMS campaigns, brands must follow CASL guidelines to obtain explicit consent from users and include easy-to-use unsubscribe options to avoid legal repercussions.
CASL (Canada's Anti-Spam Legislation) sets out specific requirements that businesses must follow to send commercial electronic messages (CEMs) legally. The primary requirements include obtaining consent from recipients before sending messages, clearly identifying the sender in every message, and providing a straightforward way for recipients to unsubscribe from future communications. Consent can be either express or implied, but the conditions for each type must be clearly understood and properly documented by the sender.
Additionally, messages must include accurate sender identification information, such as the name of the sender and contact details, which must remain valid for at least 60 days after the message is sent. The message should also provide a clear and functional unsubscribe mechanism that allows recipients to opt-out easily. Businesses are required to process unsubscribe requests promptly, usually within 10 business days. These requirements aim to protect consumers from unwanted messages and ensure transparency and accountability in digital communications.
Yes, CASL applies to email marketing as one of the primary forms of commercial electronic messages it regulates. Any business that sends promotional or commercial content via email to Canadian recipients must comply with CASL's requirements. This includes obtaining proper consent from the recipients, either express or implied, before sending the emails. The legislation covers all electronic messages that encourage participation in commercial activities, which encompasses promotional emails, newsletters, and other forms of marketing communication.
To ensure compliance, marketers must also include the necessary identification information within each email, such as the sender’s name and contact information, and a clear unsubscribe option. Failing to comply with these requirements can result in severe penalties. Therefore, businesses must review and adjust their email marketing practices to align with CASL standards, ensuring they respect the consent and preferences of their audience while maintaining transparent communication practices.
CASL includes several exceptions where certain types of commercial electronic messages (CEMs) are exempt from some or all of its requirements. One notable exception is for messages sent within a family or personal relationship, where there is a direct, voluntary two-way communication between the parties. Another exception applies to CEMs sent to individuals engaged in a commercial activity who have conspicuously published their electronic address, provided the message relates to their business role or functions, and they have not indicated a wish to avoid receiving unsolicited messages.
Other exceptions include messages that provide requested information about products, goods, or services the recipient has agreed to receive, or messages that deliver a product, goods, or service, including updates or upgrades. Additionally, messages sent as part of a legal obligation or to enforce a legal right are exempt. Understanding these exceptions is crucial for mobile marketers, as it allows them to navigate CASL's regulations more effectively and identify scenarios where specific consent requirements may not apply.
Express consent under CASL is defined as a clear and affirmative indication from the recipient that they agree to receive commercial electronic messages (CEMs). This type of consent must be actively given by the recipient, rather than assumed or implied. For example, express consent can be obtained when a user checks an opt-in box on a signup form, explicitly stating they wish to receive promotional emails or messages. Importantly, the purpose of the consent must be clearly outlined at the time of collection, including the types of messages they will receive and the identity of the sender.
To obtain express consent, mobile marketers should design their signup forms and subscription processes to be transparent and user-friendly. This includes providing a clear description of the messages the user will receive, making the opt-in option unambiguous (such as through unchecked checkboxes), and ensuring the consent request is not bundled with other terms and conditions. Additionally, maintaining accurate records of when and how consent was obtained can help in demonstrating compliance if ever required by regulatory authorities.
The penalties for non-compliance with CASL are substantial and can have significant financial and reputational consequences for businesses. For individuals, fines can reach up to $1 million per violation, while businesses can face fines of up to $10 million per violation. These penalties are designed to serve as a strong deterrent against the sending of unsolicited commercial electronic messages and other violations of CASL.
Beyond financial penalties, non-compliance can also damage a company's reputation and erode trust with consumers. Customers who receive unsolicited messages are likely to view the sender negatively, which can harm customer relationships and brand loyalty. Therefore, it is crucial for mobile marketers to understand and adhere to CASL regulations, ensuring all marketing communications are compliant to avoid these severe consequences.
Handling unsubscribe requests under CASL involves ensuring that every commercial electronic message (CEM) includes a clear, easy-to-use mechanism for recipients to opt-out of future communications. This mechanism must be functional and prominently displayed in every message. Once an unsubscribe request is received, it must be processed promptly, typically within 10 business days, to remain compliant with CASL regulations.
To effectively manage unsubscribe requests, mobile marketers should implement automated systems that immediately capture and process opt-out requests. It's also important to regularly test the unsubscribe functionality to ensure it works seamlessly and that recipients are successfully removed from mailing lists. Providing an easy and reliable way for recipients to opt-out not only helps in staying compliant with CASL but also builds trust with your audience by respecting their communication preferences.
OneSignal is designed to help you send notifications and seamlessly manage your user communication across a variety of channels, including mobile and web push notifications, email, in-app messages, and SMS. Our platform is quick to set up and makes it easy to send eye-catching messages without doing any development work. If you don't have a OneSignal account, you can create one for free and start sending push notifications to your users today. Don't take our word for it — simply sign up and see for yourself!