CASL in Canada is a compliance abbreviation for Canada Anti Spam Legislation where it was introduced to stop fake emails or spoof emails to help and protect residents of Canada from getting defaulted by fraud people online . The act was initiated in 2014 where all emails were made to be protected included obligations for the sender to collect email subscribers first to send them promotional emails and the collection of the users should be organic with taking consent from them before sending them emails .
Even if some personal information is to be taken the email should qualify or the organisation should qualify the CASL compliance’s in Canada .Consent from the person can be taken from any of the ways like Implied or Explicitly consent . If you are running marketing or promotional email campaigns in Canada, then what all CASL compliance’s you have to follow has been explained in detail below.
What is CASL and what does it cover?
CASL is an Anti Spam legislation which entities have to care of privacy and data protection of people to whom they are sending some promotional emails for promotion of their business or goods. It covers all type of electronic media to be protected including media clips , text, images and instant messages sent from Canada .
The basic objective of placing CASL requirements is is to safeguard people from sending their highly sophisticated information to entities which are sending them promotional e-mails.
Who is subject to CASL regulations ?
The CASL complainces applies to all organisations and individuals which are using digital means in Canada to promote their business . The rules and compliance’s include coverage over all type of media and promotional messages .
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What are the penalties for violating CASL regulations ?
There are severe penalties involved in ignoring the CASL requirements . On entities there is a big fine annouced by the government handling these concerns and department for over 1 lakh dollars and for more bigger entities fine of over 10 million dollars for particular violations. If persons found guilty in undertaking violation of Casl rules , they might also face criminal charges or can be bought to prison.
What are the requirements for obtaining consent under CASL ?
Their is a simple disclosure or permission requirement from the government of Canada to take permission from the recipients before sending them the campaign . The permission can be taken Explicitly or by implied asking . The implied consent can be taken by way of selling them some product or service and by asking them the consent.
Explicit consent can be taken by way of directly asking them through a single landing page or by through different means about whether they are ready to receive the emails or not.
How can I ensure that my email marketing campaigns comply with CASL?
There can be two indications to ensure that your email campaign is CASL compliant in Canada :
- The permission from the recipient shall be taken before sending them the campaign and it can be reflected through the oper rate or bounce rate of the previous campaign.
- The email should include proper mechanism to provide option to the recipients to unsubscribe to the email sender .
Are there any exemptions or exclusions under CASL compliance in Canada ?
There are exclusions fro some specified emails sent , even if they are for personal reasons :
- Emails send to already customer base made .
- Emails sent to family members and friends .
- Email sent to office employees for their incentive plan
- .Emails sent to previous purchasers for new offers.
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Can I send promotional messages to my existing customers under CASL Compliance’s in Canada ?
Under CASL requirements their is no problem or special acceptance under CASL is required to send. Emails to existing customers . But the mails should include proper mechanism for un-subscription .
What are the record-keeping requirements under CASL?
There should be proper record maintained for all email subscriptions , the open rate , the un-subscription and the sources from which the data or the email subscriber are taken .
What should I do if I receive a CASL violation notice?
In case you have received a notice against CASL compliances in Canada violation or non disclosures , then you can take consultation from a legal attorney in Canada or even from a legal CASL advisor.
CASL compliance’s in Canada mandatory to follow and can be complied easily by obtaining consent of the recipients . If you have any query related to CASL complainces online , then you can ask us in the comment section below.