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Sending Email to Canada? Think First. Canada's Anti ...
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Canada’s Anti-Spam Legislation (“CASL”), which became effective on July 1, 2014, requires nonprofit organizations (and others) to obtain consent from recipients in Canada before sending them certain electronic marketing and fundraising messages, and it imposes strict requirements for the content of such messages. “CASL applies only to a Commercial Electronic Message (“CEM”).” Therefore, if your organization is sending email that only asks for a donation and does not include any other promotions, then consent is not required and CASL does not apply at all. However, if the request for a donation also includes other commercial promotions (ie. “Please visit our Christmas gifts catalogue by following the link below”), then consent is required.
Canada’s Anti-Spam Legislation (“CASL”), which became effective on July 1, 2014, requires nonprofit organizations (and others) to obtain consent from recipients in Canada before sending them certain electronic marketing and fundraising messages, and it imposes strict requirements for the content of such messages. “A CEM is broadly defined in the law as an electronic message (including email, text, or voice messages) that encourages the recipient to participate in a commercial activity, regardless of whether there is an expectation of profit.” Therefore, if your organization is sending email that only asks for a donation and does not include any other promotions, then consent is not required and CASL does not apply at all. However, if the request for a donation also includes other commercial promotions (ie. “Please visit our Christmas gifts catalogue by following the link below”), then consent is required.
Canada’s Anti-Spam Legislation (“CASL”), which became effective on July 1, 2014, requires nonprofit organizations (and others) to obtain consent from recipients in Canada before sending them certain electronic marketing and fundraising messages, and it imposes strict requirements for the content of such messages. “A message is a CEM if one of its purposes is to promote or otherwise offer a product, good, service, business or gaming opportunity.” Therefore, if your organization is sending email that only asks for a donation and does not include any other promotions, then consent is not required and CASL does not apply at all. However, if the request for a donation also includes other commercial promotions (ie. “Please visit our Christmas gifts catalogue by following the link below”), then consent is required.
CASL applies only to a Commercial Electronic Message (“CEM”). A CEM is broadly defined in the law as an electronic message (including email, text, or voice messages) that encourages the recipient to participate in a commercial activity, regardless of whether there is an expectation of profit. A message is a CEM if one of its purposes is to promote or otherwise offer a product, good, service, business or gaming opportunity. Therefore, even if one purpose is to seek a donation, the message is still a CEM if it includes any of these commercial elements. “Therefore, if your organization is sending email that only asks for a donation and does not include any other promotions, then consent is not required and CASL does not apply at all.” CASL prohibits anyone from sending a CEM without express or implied consent. Implied consent is assumed if there is an “existing business relationship.” Generally, there is an existing business relationship if in the last two years the recipient purchased goods or services from the sender. Implicit consent from a non-business relationship may be inferred from a prior donation to, or volunteer work performed for, a registered Canadian charity, or membership in a club, association or voluntary organization. Even if you have implied consent, you will eventually have to obtain express consent. For contacts made before July 1, 2014 implied consent expires on July 1, 2017. For contacts made after July 1, 2014, implied consent expires two years after initial contact.
CASL applies only to a Commercial Electronic Message (“CEM”). A CEM is broadly defined in the law as an electronic message (including email, text, or voice messages) that encourages the recipient to participate in a commercial activity, regardless of whether there is an expectation of profit. A message is a CEM if one of its purposes is to promote or otherwise offer a product, good, service, business or gaming opportunity. Therefore, even if one purpose is to seek a donation, the message is still a CEM if it includes any of these commercial elements. “However, if the request for a donation also includes other commercial promotions (ie. “Please visit our Christmas gifts catalogue by following the link below”), then consent is required.” CASL prohibits anyone from sending a CEM without express or implied consent. Implied consent is assumed if there is an “existing business relationship.” Generally, there is an existing business relationship if in the last two years the recipient purchased goods or services from the sender. Implicit consent from a non-business relationship may be inferred from a prior donation to, or volunteer work performed for, a registered Canadian charity, or membership in a club, association or voluntary organization. Even if you have implied consent, you will eventually have to obtain express consent. For contacts made before July 1, 2014 implied consent expires on July 1, 2017. For contacts made after July 1, 2014, implied consent expires two years after initial contact.