We provide Canadian advertising and marketing law advice to a broad range of public and private clients and trade and professional associations, including local, national and international clients operating in Canada or marketing to Canadians.
Clients often seek efficient and cost-effective ways to comply with Canadian federal anti-spam legislation (CASL). As such, in addition to our legal services, we offer lawyer-prepared CASL precedents and checklists that identify key consent, disclosure and other requirements for electronic marketing to Canadians.
Our precedents and checklists are an excellent starting point to mitigate risk and avoid common CASL-related issues, including relating to express consent requests (including on behalf of third parties), sender identification information for CEMs, compliant 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.
Each of our Canadian CASL precedents and checklists includes practical overviews to comply with CASL and to use and customize them for electronic marketing. Word version documents with PayPal checkout (and credit card payment options).
For more information about CASL, see: Anti-Spam (CASL), Anti-Spam Errors, and Anti-Spam FAQs.
If you would like to discuss our CASL precedents and checklists or legal advice for electronic marketing (or other advertising or marketing, including contests), send us an e-mail at: steve@szentesilaw.com
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CHECKLISTS & PRECEDENTS:
EXPRESS CONSENT REQUESTS & CONSENT FOR THIRD PARTIES
This CASL (Canadian anti-spam law) Checklist and Precedents Package includes: a checklist for express consent requests (both written or oral requests), a checklist for express consent requests on behalf of identified third parties and precedents for express consent requests for the person requesting consent and where consent is being requested on behalf of third parties. This Checklists and Precedents Package also includes overviews of the legal requirements for express consent requests (both written or oral requests) and requesting consent on behalf of identified third parties. Four pages.
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CHECKLISTS & PRECEDENTS:
SENDER IDENTIFICATION INFORMATION & UNSUBSCRIBE MECHANISM
This CASL (Canadian anti-spam law) Checklist and Precedents Package includes: checklists for sender identification information for commercial electronic messages (CEMs) (including CEMs sent on behalf of a third party), a checklist for the unsubscribe mechanism for CEMs, precedent sender identification language, precedent unsubscribe language and information for unsubscribe menus for recipients (i.e., where recipients can choose a blanket opt-out from CEMs or only opt out from specific types of communications). Four pages.
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CHECKLISTS & PRECEDENTS:
COMMON BUSINESS RELATED EXEMPTIONS & IMPLIED CONSENT
This CASL (Canadian anti-spam law) Checklist and Precedents Package includes checklists for common business related exemptions and types of implied consent: the business-to-business exemption, existing business relationship implied consent (purchases and product inquiries), “business card” implied consent and “conspicuous publication” implied consent. Also included is precedent language that can be used in agreements between organizations to document the business-to-business exemption. Five pages.
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CHECKLIST & PRECEDENTS:
DOCUMENTING CONSENT & SCRUBBING MAILING LISTS
This CASL (Canadian anti-spam law) Checklist and Precedents Package includes a checklist for documenting consent under CASL and scrubbing mailing lists (e.g., to remove recipient names that expire over time or have asked to be unsubscribed). Also included are templates for documenting three common types of consent: express consent, implied consent (conspicuous publication) and the “business card” category of implied consent. Four pages.
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CASL CORPORATE COMPLIANCE PROGRAM
This precedent package contains a CASL corporate compliance program. It includes the following based on the Canadian CRTC’s recommendations for CASL compliance programs: (i) compliance policy; (ii) compliance program; (iii) compliance guidelines; (iv) checklists for express consent and common types of implied consent (the “business card exemption”, conspicuous publication and existing business relationship); (v) checklists for sender identification and unsubscribe mechanism; (vi) monitoring, auditing and reporting policy; (vii) personnel certification page; and (viii) sample templates to document several common types of consent. Eleven pages.
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TERMS OF USE
Our CASL precedents provide legal information in relation to Canadian federal anti-spam legislation. They do not create a solicitor-client relationship and are not legal advice. They are sold with permission to help electronic marketers comply with CASL or to help law firms or advertising agencies assist their clients comply with CASL. Any further copying or reselling of the above CASL precedents is prohibited, including the stand-alone sale of the forms unrelated to electronic marketing or where any of the language or content of any of the precedents is added to an app, program, computer program, online or social media platform or program or any other electronic or automated CASL or CASL-related marketing product, including the stand-alone sale of the precedents unrelated to any marketing or advertising campaign.
© 2021-2024 Steve Szentesi Law Professional Corporation. All Rights Reserved.
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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
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
