The roll-out of Canada’s Anti-Spam Legislation (CASL) back in 2014 became a source of dread and anxiety for Canadian marketers, causing them to re-evaluate an email campaign’s ability to generate awareness, engagement and growth – both for themselves and their clients.
CASL was designed to curtail the unwanted, large-scale email collection – which led to Canadians receiving unsolicited and often disingenuous marketing emails – otherwise known as SPAM. With malicious software being channeled through spam email, recipients were left vulnerable to identity theft, fraud, malware, ransomware and more.
The Results: A Double-Edged Sword
One year following CASL’s coming into force, there was a 37% decline in spam originating in Canada, and a 29% decrease in overall spam received by Canadians.
Whereas the United States’ CAN-SPAM operates on an “opt-out” philosophy that requires recipients to express they are NOT interested in receiving commercial promotions, CASL is structured around an “opt-in” philosophy. The obligation lays with the marketer or sender to attain the consent of the recipient BEFORE sending any commercial content.
What You Need to Know
While CASL’s “opt-in” philosophy is restrictive, it isn’t to the point where email campaigns cease to exist. What it does mean, is that to send out promotional material via email requires “implied consent”, which means:
Timing is everything
When it comes to implied consent obtained through a product or service inquiry, the consent is only legitimate for 6 months from the date of the inquiry. When it comes to implied consent obtained via purchase, the time constraint is 2 years from date of last purchase.
Three tips to avoid a CASL calamity
CASL’s impact on email marketing campaigns cannot be ignored. Knowing the confines of the law will ease the apprehension, and provide for better email marketing practices that have proven to be more productive in today’s world.
Disclaimer: The information provided within this article is not intended as legal advice, and in no way constitutes legal advice. Any interpretations or recommendations provided within this document or based off the information provided within this document cannot be construed as providing legal advice. Always contact a licensed attorney for legal advice.
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Image credit: Pixabay
Portions of his article were published with permission in Graphic Arts Magazine.