What are the CASL regulations?
The Canadian Anti-Spam Legislation (CASL) protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats. It also aims to help businesses stay competitive in a global, digital marketplace. This anti-spam law regulates the electronic messages (i.e. email, texts) organizations send in connection with a “commercial activity.” Its key feature requires Canadian and global organizations that send Commercial Electronic Messages (CEMs) within, from, or to Canada to receive consent from recipients before sending messages. CASL does not apply to CEMs that are simply routed through Canada. The private right of action came into force on July 1, 2017.
Electronic communication defined the CASL– A CEM is any electronic message that encourages participation in a commercial activity, such as an email that contains a coupon or tells customers about a promotion or sale. ‘Any message that includes hyperlinks to a website or contains business-related information does not make it a CEM.’
Why is the CASL important?
The provisions of CASL surrounding the sending of CEMs aim to combat spam and create an opt-in environment in Canada including foreign ones, from sending unsolicited or misleading commercial electronic messages (“CEM”) or programs to consumers without their consent.
Organizations must have implied consent or express written consent to send a CEM to an electronic address. Implied consent will allow organizations to send CEM’s for 6 months to inquiries and 24 months to current customers and customers who have made a purchase from your organization.
Who and what falls under the purview of the CASL?
The regulation applies to any “Commercial Electronic Message” (CEM) sent from or to Canadian computers or devices in Canada. Messages routed through Canadian computer systems are not subject to this law.
A CEM is any message that:
- Is in an electronic format, including emails, instant messages, text messages, and some social media communications,
- Is sent to an electronic address, including email addresses, instant message accounts, phone accounts, and social media accounts, and
- Contains a message encouraging recipients to take part in some type of commercial activity, including the promotion of products, services, people/personas, companies, or organizations.
There are some notable exceptions to the law:
- Messages sent by or on behalf of an individual to another individual with whom they have a family or personal relationship,
- Messages sent to an employee or consultant of your business or another organization with whom your organization has a relationship,
- Messages sent in response to a request, inquiry, or complaint or that is otherwise solicited by the recipient,
- Messages that will be accessed in a foreign country, including the U.S., China, and most of Europe, as long as the message complies with the anti-spam laws of that foreign country,
- Messages sent by or on behalf of a registered charity or a political party or organization for the purposes of raising funds or soliciting contributions,
- Messages sent to a person to satisfy a legal obligation, provide notice of an existing or pending right, legal, or juridical obligation, court order, or to enforce a legal right, juridical order, or court order.
Also, it should be noted that certain transactional CEMs such as those that facilitate, complete, or confirm a commercial transaction that the recipient previously agreed to enter into, or provide a quote or estimate for the supply of a product, good, or service have also been exempted from the purview.
How is BizProspex compliant with the CASL regulations?
BizProspex, being the leading services provider in the business, understands the requirements and responsibilities of delivering legitimate and accurate data. We stand out as global leaders when it comes to Jobs Feed Data, Worldwide Funding Data, Email Appending, Google Maps Scraping, Data Merging, and Data Deduping for B2B clients. We aim at supplying our clients with public data scraping of the highest quality to boost your sales numbers. At BizProspex, we focus on becoming the partner your organization needs to survive, and in the long run, thrive. By understanding what your company’s needs are, we’re prepared to bring you solutions with legitimacy that truly make a difference.
We are one of the Best CASL Compliant Data Service Providers worldwide and as we have many of our customers residing in Canada, we make sure that we conduct our business in accordance with prolific CASL regulations:
- By conducting an assessment of the data protection risks associated with any new project and initiating a plan to mitigate those risks.
- By assessing and implementing the CASL compliance to existing or pre-dated email correspondence.
- By initiating and executing an immediate mitigation plan to address any gaps or risks posed in delivering our data services via electronic email.
- As specified under Sec 10(9), implied consent for sending CEMs if it is done under certain conditions, this includes having an existing business relationship (EBR) based on a previous commercial transaction with the recipient. All of our email marketing campaigns are directed toward our previous customers or private subscribers. Hence our consent requirements for CEM are always met with.
- The processed data which is sent to the data controllers (our customers) are provided via email and these transactions are subject to contractual provisions. (express consent).
We claim the highest standards of work ethics with utmost obedience to laws that we are subject to. All the pre-scraped public data that we collect and the process is done so with the contractual consent of our customers. At BizProspex our compliance and audit experts work tirelessly to make sure all the right compliance controls are in place when it comes to electronic communication.
Disclaimer: The information on this page is being provided for information purposes regarding the operations of BizProspex within the legal ambit. Information contained on or made available herein is not intended to and does not constitute legal advice, recommendations, mediation, or counseling under any circumstance. The use thereof does not create any attorney-client relationship. Do not act or rely on any information provided herein without seeking the advice of attorney licensed to practice for your particular business.