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Get the facts on CASL Canada’s anti spam legislation
THERE HAS BEEN MUCH con- fusion regarding the new legal re- quirements of CASL (Canada’s Anti Spam Legislation) and how this new legislation will actually affect digital communications. Unfortunately, it will probably do nothing to stop the actual spammers, as many are outside the country, and don’t even know or care that the law has come into effect — the degree of prosecution effective- ness for international spammers is an unknown. For those good citizens and entities just trying to continue good communication with their clients
and reaching out with good quality content, there is much confusion as to the requirements.
We are not able to comment on legal interpretations of the CASL. However, we would like to share a few decks of the Legal Opinions of the law firm of Heifetz & Crozier Law who recently presented a very in- formative presentation at the Travel Law Conference for the Canadian Travel & Tourism industry facilitated by BAXTER Travel Media.
The presentation of the legal opin- ion on the CASL Anti Spam Legislation, is quite informative as the law relates to the Travel & Tourism industry. The en- tire document has also been provided on our website under the BLOG section
”CASL is a federal law that regulates the sending and content of commercial electronic messages.”
http://radonicrodgers.com/get-facts- casl-canadas-anti-spam-legislation. Of particular note are a couple key points of interest, which we have
provided below for your convenience:
Information decks presented at the Travel Law Conference:
FRAME 5: CASL does not apply to certain CEMs. These include: • Messages sent between indi-
viduals with a personal or family
relationship
• Messages sent between employ-
ees of the same organization
• Messages sent by a represent- ative of an organization (not
defined) concerning the matters
of the organization, where the recipient is a member of
the organization
• Messages sent in response to a request, inquiry or complaint, or where the message was solicited by the recipient
• Messages sent in regard to a legal obligation
• Messages that complete or confirm a commercial trans- action already entered into with the recipient
• Messages that provide safety, warranty or recall information about a good or service that the recipient has used or purchased
• Messages that are interactive two-way voice communication, faxes to a telephone account, and voice messages sent to a telephone account are also exempt, although they may be subject to other laws
• Messages sent on behalf of a charity or political party or organization
• Messages sent and received where the necessary information and unsubscribe or opt-out mechanism are included on the platform, also Twitter, Linked-In, and Facebook* be- cause of the possibility to unfollow a person or unlike a page.
FRAME 7: Implied Consent exists if:
The recipient has either:
• a) conspicuously published
his/her/its email address publically on a website or published directory, or b) dis- closed his/her/its email address to you and not stated he/she/it does not wish to receive CEMs, and the CEM is relevant to his/ her/its business role
• You have an existing i) busi- ness relationship or ii) non business relationship
FRAME 13: Unsubscribe Mechanism
• The unsubscribe function
must include both the ability
to unsubscribe using the same electronic means by which the message was sent, e.g. by re- plying to an email message, as well as providing the website or link to a website that will allow the recipient to unsubscribe and both must be valid for at least 60 days
• There can only be one step for the recipient to unsubscribe
• Requests to unsubscribe
must be processed within 10 business days ●●
info@radonicrodgers.com — Toll free: 1-800-585-3029 — www.radonicrodgers.com 7