Canada’s Anti-Spam Law – Examples Of Regulated Electronic Messages

Various organizations and individuals are considering changes to existing practices to comply with Canada's Anti-Spam Law ("CASL"). It has become evident that there is more to CASL than its title suggests.

As explained in our previous post, CASL will regulate "commercial electronic messages" (commonly known as "CEMs") that one may not consider to be "spam" in the traditional sense.

Notable examples of what may be regulated by CASL include: a press release, a newsletter, or any other publication that contains a minor advertisement, promotion or offer. Additionally, a hyperlink in a message to content on a website or the contact information contained in a message will be considered in determining whether a message is a CEM. As a result, it will be more difficult to send updates or relevant factual information to the public.