Understanding Email Consent Under CASL

Canada's Anti-Spam Law (CASL) will be here before we know it. The law comes into effect on July, 1 2014. CASL will in part impact sending messages to recipients located in Canada. One important portion of CASL is understanding the consent component.  

What does consent mean with commercial electronic messages? Consent means the recipients must have been given the emailer permission in order to be receiving the email.

How do you give consent? Consent can be given in a few different manners. You can have email recipients:

  • Sign a document
  • Check a box on a form
  • Obtain verbal consent, but make sure this is followed with a written record of the consent

What else is required regarding consent?

  • You must let the recipients know the type of messages you'll be sending
  • Whether the messages are: marketing, promotional, product updates or releases, newsletters, etc.
  • When informing the recipient of the type of emails they will receive you make it clear and apparent in the message

Consent is one component of CASL. For complete details please review the law in its entirety and check with legal counsel. Make sure you know and understand the other major components in advance to the law taking effect here in a few months.