In July 2014, Canada’s federal anti-spam legislation (CASL), which is one of the strictest spam laws in the world, came into force. CASL creates an “opt-in” regime for sending commercial electronic messages (CEMs) to Canadians and amends four federal statutes: the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and Telecommunications Act.
In general, CASL requires express or implied consent to send CEMs and imposes certain form (i.e., sender identification) and unsubscribe requirements. The legislation includes a number of categories of implied consent and exemptions, which should be carefully reviewed before being relied upon.
CASL can apply to, among other things, outbound electronic marketing, marketing to existing customers, compiling marketing lists from online e-mail addresses, collecting e-mails for marketing during contests and other promotions, certain types of B2B marketing (e.g., marketing to business clients found online or on social media platforms and contacts from networking events) and “friends and family” and other similar promotions where participants are asked to share information with their contacts by either e-mail or other types of messages to electronic addresses (e.g., over social media platforms).
CASL (Anti-Spam Law) Legal Services
Our Canadian anti-spam law (CASL) legal services include advice relating to general CASL compliance, express and implied consents, identification and unsubscribe requirements, Competition Act compliance for electronic marketing and advertising, steps to adapt existing electronic marketing and consent requests to comply with CASL, CASL compliance programs and policies, record-keeping requirements (i.e., to document express and implied consent), drafting list agreements for sharing marketing lists, drafting provisions for commercial agreements (e.g., to document the “existing business relationship” exemption) and CASL compliance for specific types of advertising and marketing (e.g., collecting and using e-mail addresses in contests, “friends and family” type promotions and other electronic marketing).
For more information see: Anti-Spam (CASL), Anti-Spam (CASL) Precedents/Forms, Anti-Spam Errors, Anti-Spam (CASL) FAQs and Contests & CASL.
Representative Work
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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.
These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program.
The following are the CASL (Canadian anti-spam law) precedents and checklists that we offer:
- Express Consent Requests & Consent For Third Parties
- Sender Identification Information & Unsubscribe Mechanism
- Common Business Related Exemptions & Implied Consent
- Documenting Consent & Scrubbing Mailing Lists
- CASL Corporate Compliance Program
For more information and to order, see: CASL Precedents.
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SERVICES AND CONTACT
We are a Toronto based competition and advertising law firm offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. We also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Our experience includes advising clients in Toronto, across Canada and the United States on the application of Canadian competition and regulatory laws and we have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal and pricing and distribution matters. For more information about our competition and advertising law services see: competition law services.
To contact us about a potential legal matter, see: contact
For more information about our firm, visit our website: Competitionlawyer.ca