CASL Compliance

1. What is CASL?

Canada's Anti-Spam Legislation (CASL) is federal law that regulates commercial electronic messages (CEMs) including:

• Email messages
• Text messages (SMS)
• Instant messages
• Social media messages
• Any electronic message sent to an electronic address

2. CASL Requirements Overview

Before sending any commercial electronic message, you must have:

3. Consent Requirements

Express Consent (Recommended)

Express consent is the gold standard and provides the strongest legal protection:

• Written or electronic confirmation
• Clear description of the purpose
• Identification of the person seeking consent
• No expiry date (valid until withdrawn)

Implied Consent

Implied consent may exist in limited circumstances:

• Existing Business Relationship (EBR): Valid for 2 years after last transaction
• Inquiry: Valid for 6 months after inquiry
• Published Contact: Professional email addresses published conspicuously
• Referrals: From someone with existing relationship (limited scope)

4. Message Requirements

Identification Information

Every commercial message must clearly identify:

• The person sending the message
• The person on whose behalf the message is sent (if different)
• Contact information including:
  • Mailing address
  • Phone number, email address, or web address

Unsubscribe Mechanism

Every message must include:

• Clear and prominent unsubscribe mechanism
• No cost to the recipient
• Valid for at least 60 days after sending
• Processed within 10 business days
• No additional information required from recipient

5. Using Crestview Analytics Data

Data Source Considerations

Crestview Analytics data is compiled from public sources and does NOT include:

• Consent records or opt-in status
• Existing business relationships with customers
• Permission to send commercial messages
• CASL compliance verification

Recommended Approach

1. Obtain Express Consent: Always seek express consent before sending CEMs
2. Use for Research: Use data for lead identification and research
3. Non-Electronic Outreach: Consider phone calls or direct mail first
4. Professional Relationships: Establish legitimate business relationships
5. Referral Programs: Use existing clients for warm introductions

6. Penalties and Enforcement

CASL Penalties

7. Best Practices for Customers

Before Sending Messages

• ✅ Verify you have proper consent
• ✅ Document consent records
• ✅ Prepare compliant message templates
• ✅ Set up unsubscribe processing
• ✅ Train staff on CASL requirements

Message Content

• ✅ Include clear sender identification
• ✅ Provide complete contact information
• ✅ Add prominent unsubscribe link
• ✅ Use clear, honest subject lines
• ✅ Avoid deceptive content

Ongoing Compliance

• ✅ Process unsubscribes within 10 days
• ✅ Maintain consent and opt-out records
• ✅ Regular compliance audits
• ✅ Update procedures as needed
• ✅ Monitor regulatory changes

8. Alternative Outreach Methods

Consider these CASL-compliant alternatives:

• Direct Mail: Physical mail is not covered by CASL
• Phone Calls: Voice calls have different rules (DNCL compliance required)
• LinkedIn: Professional networking (follow platform terms)
• Referrals: Warm introductions through mutual connections
• Content Marketing: Attract prospects through valuable content
• Events: Meet prospects at industry events

9. Record Keeping

Maintain detailed records of:

• Consent collection (when, how, what was agreed to)
• Message sending logs
• Unsubscribe requests and processing
• Complaint handling
• Staff training records

10. Resources and Support

Government Resources

• CRTC CASL: Official CASL Information
• Spam Reporting: Fight Spam Canada
• Competition Bureau: Enforcement Information

Professional Help

• Consult with legal counsel specializing in CASL
• Consider compliance software solutions
• Join industry associations for guidance
• Attend CASL compliance training

11. Crestview Analytics Support

While we cannot provide legal advice, we can help with:

• Data usage best practices
• Alternative outreach strategies
• Understanding data sources and limitations
• Connecting you with compliance resources