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Key Differences between US and Canadian Anti-Spam Laws
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Canada’s Anti-Spam Law (or “CASL”) will be in effect in July 2014, about ten years after the U.S. has enacted its anti-spam law. As a matter of fact, the U.S. enacted anti-spam legislation, entitled Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (the “CAN-SPAM” Act) on December 16, 2003.[1] “While the U.S. has enacted an anti-spam law promoting an opt-out model, Canada has adopted an opt-in model.” How will CASL impact U.S. businesses that want to send promotional emails throughout North America?
Canada’s Anti-Spam Law (or “CASL”) will be in effect in July 2014, about ten years after the U.S. has enacted its anti-spam law. As a matter of fact, the U.S. enacted anti-spam legislation, entitled Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (the “CAN-SPAM” Act) on December 16, 2003.[1] “Under an opt-in model, the recipient of the promotional email must affirmatively give the organization permission to send information about new products or sales.” How will CASL impact U.S. businesses that want to send promotional emails throughout North America?
Canada’s Anti-Spam Law (or “CASL”) will be in effect in July 2014, about ten years after the U.S. has enacted its anti-spam law. As a matter of fact, the U.S. enacted anti-spam legislation, entitled Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (the “CAN-SPAM” Act) on December 16, 2003.[1] “Generally, a consumer must click on web site boxes or send an email request to the organization in order to authorize consumer email.” How will CASL impact U.S. businesses that want to send promotional emails throughout North America?
Canada’s Anti-Spam Law (or “CASL”) will be in effect in July 2014, about ten years after the U.S. has enacted its anti-spam law. As a matter of fact, the U.S. enacted anti-spam legislation, entitled Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (the “CAN-SPAM” Act) on December 16, 2003.[1] “While the U.S. has enacted an anti-spam law promoting an opt-out model, Canada has adopted an opt-in model.” How will CASL impact U.S. businesses that want to send promotional emails throughout North America?
2. Opt-In versus Opt-Out Consent: The main difference between these two pieces of legislation mostly has to do with the different type of model for consent. CAN-SPAM is based on an opt-out consent model, whereby consent to receive email is considered implicit unless the recipient “opts out,” thereby indicating a unwillingness to receive such emails.[6] CASL allows CEMs only if: i) the sender has the express consent of the recipient, or ii) consent is not required (because it is implied or because the message falls under the listed exemptions). Therefore, U.S. businesses, unless they have express consent, an “existing” business relationship with Canadians or their messages are exempt (for instance if the CEM is sent by an employee to another employee of the organization and that concerns the affairs of the organization),[7] will have to use caution before contacting Canadian email or electronic addresses for promotional purposes. “One of the exceptions to compliance with the consent requirements of CASL[8] is if there is an existing business relationship between the parties, which is defined as a business relationship between the recipient and the sender of the message — arising from any of the following activity taking place within the two-year period immediately before the day on which the message was sent:” (a) the purchase or lease of a product, goods, a service, land or an interest or right in land, by the person to whom the message is sent from the sender;[9]