New Canadian anti-spam regulations are now in effect. Image: Flickr / webhamster / CC-BY
Email marketing can be an incredibly effective way of connecting with customers. The newly implemented Canadian Anti-Spam Law, CASL, is making changes to how email marketing should be handled.
Requirements of CASL
The Canadian Anti-Spam Law contains several requirements for electronic marketing messages. This law covers emails, instant messages, social media website messages, and text messages. The law is detailed, but the biggest requirements include:
- All email recipients must be opted-in within two years of the new law.
- All emails must include an opt-out mechanism that works and will continue to work for 60 days after the email is sent.
- Opt-out requests must be fully processed within 10 days.
- All messages must include the sender’s identity and contact information.
- The subject line and “from” line must not be false or misleading.
- Implied consent can be an opt-in approval for receiving messages. The term “implied consent” is defined to include only specified circumstances: in addition to the two noted sub-categories, it includes a person posting an email address in effect inviting communications or providing an email address to a sender with no indicated intent not to receive messages, provided that any message sent is relevant to the person’s business.
Balancing CAN-SPAM and CASL
The legal requirements for CAN-SPAM in the U.S. and CASL for Canada are similar. The Canadian law allows for more wide-ranging implied opt-ins and has a shorter time frame for complying with opt-out requests. In general, sending emails that comply with both CAN-SPAM and CASL is a good idea. Most quality email systems will manage the senders list, opt-out requests and required information management.
Keeping customers happy
Even if all of your email marketing complies with both CAN-SPAM and CASL, this does not necessarily mean your customers will be happy with marketing emails. When customers opt-in for email marketing, check with them to see what types of emails they want to receive and how often, then follow those requests.
