Canada’s Anti-Spam Legislation Comes Into Force July 1, 2014

Do you send emails, texts, or other electronic messages to your consumers, customers or suppliers? If so, you will be impacted by Canada's Anti-Spam Legislation ("CASL"), which sets out new rules for sending commercial emails, texts, social media messages and any other form of commercial electronic message ("CEM").

The primary obligation imposed by CASL is that the sender of CEMs must have the express consent of the recipient, unless a statutory implied consent (or exemption) applies. Where express consent is required, the recipient must give a positive opt-in consent: pre-checked opt-in boxes, or consent tied to the receipt of a service or entry into a promotion will not be sufficient.  Certain contact information and other disclosures will now also be required when obtaining express consent.