Pauline O'Malley

Yes, it does – to some extent.  Section 6 of CASL (Bill C-28) applies to a commercial electronic message (CEM) that is sent to an ‘electronic address’. An electronic address is defined in CASL as being: an email account, a telephone account, an instant messaging account, and any other similar account. Some social media accounts may constitute a ‘similar account’.

Whether a similar account is an electronic address depends on the specific circumstances of the account in question. For example, posting on a website, blog post, or Facebook wall is NOT a commercial electronic message.

However, messages sent to other users using a social media messaging system (e.g. Facebook Messaging and LinkedIn Private Messages), would qualify as sending messages to ‘electronic addresses’.

CASL also applies to text messages (SMS) as they are sent to a ‘telephone account’.

Bill C-28: Canada’s Anti-Spam Legislation does not apply to voice messages, faxes, or phone calls themselves.

So what does this mean? Social media, the phone,  and mail are a great way to provide content that will get people interested in your products and services. 

Sources: http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html
https://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00521.html
http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html
http://fightspam.gc.ca/eic/site/030.nsf/eng/home
https://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00521.html

To learn more about CASL and how it affects your business development efforts, watch the replay of our webinar from June 19th.

Yes. An unsubscribe mechanism is required in every commercial electronic message (CEM).

When sending a CEM to an electronic address, there are three general requirements.

1. Consent, either expressed or implied
2. Information identifying the sender in the form of a mailing address that has been valid for at least 60 days (Yes, you can use a post office box address.)
3. An unsubscribe mechanism

Most reputable business people, think that an unsubscribe mechanism, is just plain good manners. CASL states that the unsubscribe mechanism “must be consumer-friendly – simple, easy to use and must be ‘readily performed,’ without difficulty or delay.”

Gone are the days when anyone could send a CEM, and have a pre-checked box stating that the receiver opted-in, when clearly they have not. That’s just bad manners. As of July 1st it is illegal.

A link in an email that takes the user to a web page, where he or she can unsubscribe from receiving all or some types of CEMs, is acceptable. For CEMs sent by SMS (text messages), receivers just need to reply “STOP” or “Unsubscribe” and that must be accepted as an “unsubscribe” request.

If you send CEMs from Outlook, add an unsubscribe mechanism to your signature. This can be as simple as stating “If you no longer wish to receive emails of this nature, simply reply to this email with “UNSUBSCRIBE” in the subject line.” Don’t forget to add your mailing address to your signature to comply with requirement number 2 above.

“Responses to an inquiry related to your commercial activity, or providing a requested quote” is allowed. For instance, someone sends you an email, or fills in a web form, asking you about your solutions you now have their expressed consent for you to send them a CEM.

So ensure that your marketing initiatives are relevant to your audience by encouraging them to opt in. You will have less to worry about.

Does the CASL apply to social media? More of that in Myth #5.

Source: http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00050.html & http://www.crtc.gc.ca/eng/archive/2012/2012-548.htm

We hosted a complimentary Open Forum Webinar June 19th for our clients. We shared information about the law that affects the marketing and sales strategies for business. Since then, there seems still be a lot of questions around the issue.

If you would like a copy of the webinar or ebook, email me.