7 components of CASL every small business should know

Following up on our post on Tuesday, below are the 7 components of CASL you need to know as a small business owner.

Commercial Electronic Message According to the CRTC site, CEM is any electronic message sent with the intent of drive business. This includes offers to purchase, lease, sell or provide a business opportunity. It is important to note that not all electronic messages fall are considered CEM’s. Having a tag line in your email signature, along with the logo and contact information is an example of this. Content is king in determining the intention of an electronic message.

Image Source: rawpexels.ca Know the Two Types of Consent CASL covers two types of consent; Implied and Expressed. Implied consent is ONLY applicable when you have an existing business relationship - think of a past customer or someone who has recently inquired and comes with a time limit. Expressed consent can be written or oral and doesn’t have a time component.

Image Source: Pixabay Keep Records of Consent You are responsible to produce proof of consent either implied or expressed. It is important that you keep records of when and how you obtained consent. CRM systems are a great way to do this but there are many options, that are more cost friendly, available to small businesses.

Image Source: Pixels

Renew Consent Implied consent expires after two years whereas consent connected to subscriptions or memberships expire the day the subscription or membership expires. It’s a good habit to renew all forms of consent at the two year mark. This will also help you

Image Source: Tim Mossholder Identify Yourself and Provide Contact Information on All electronic messages Every CEM (commercial electronic message) must include the business name, the name of whomever is sending the message, and the businesses mailing address. It is important to also include at least on of the following: An active phone number, email address, or website. 'Unsubscribe' Option Must Be Easy in Every Communication

Image Source: MailerLite Social Media Doesn’t Count as Consent Just because someone interacts with your’s or the business’s social accounts, doesn’t mean they fall into the ‘Implied Consent’ category and will not be satisfactory in proving there was a personal relationship in place if a complaint is made. This means that you shouldn’t blanket them with promotional private messages without consent.

To Learn more about CASL: Canadian Anti-Spam Legislation Frequently Asked Questions about Canada’s Anti-Spam Legislation Disclaimer: This post is intended to provide you with a high-level overview of CASL and is not intended, and should not be taken, as legal advice. Please contact your attorney for advice on email marketing regulations or any specific legal problems.