What are CASL restrictions on unsolicited messages?
Canada's Anti-Spam Legislation (CASL) is among the world's strictest email regulations, requiring consent before sending commercial electronic messages.
Express consent: The recipient explicitly agreed to receive messages. Must be documented and specific about message types.
- Implied consent exists in limited circumstances:
- Existing business relationship (purchase or inquiry in past 2 years, contract in past 2 years)
- Conspicuously published business email where the message relates to recipient's role or business (not broad marketing)
- Personal relationship or family relationship
- Requirements for all messages:
- Identify the sender clearly
- Provide contact information
- Include working unsubscribe mechanism
- Honor unsubscribe within 10 business days
Penalties:
- Up to $1 million CAD per violation for individuals
- Up to $10 million CAD per violation for organizations
- Private right of action allows recipients to sue
CASL applies if either sender or recipient is in Canada. Organizations targeting Canadian markets must comply.
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