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Canadian Anti-Spam Legislation (CASL) - University Secretariat
secretariat.mcmaster.ca
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Guidance in complying with CASL is provided in the McMaster CASL Tool-kit and is also available from the contacts listed below. “The penalties for failing to comply with CASL are significant: up to $10 million for an organization and up to $1 millionfor an individual.” Commercial Electronic Messages “CEM”
communications relating to a legal obligation or to enforce a legal right “organization to organization communications related to their core activities” The following communications do not require consent but should include the name, contact and unsubscribe information noted under “Content Requirements”
An existing non-business relationship (ie donors, alumni, volunteers) with McMaster in the preceding 2 years; or “Conspicuously published their business contact information AND the recipient has not indicated a wish not to receive unsolicited CEMs; and your message is relevant to the recipient’s business, role, functions or duties in a business or official capacity.” Tracking Consent & Un-subscriptions
Tracking Consent & Un-subscriptions “Compliance with CASL includes implementing systems to track recipient consents and giving effect to requests to unsubscribe.” Where a sender is relying on implied consent to send CEMs, the tracking system must be able to track the “expiry” dates of the implied consent categories. Implied consent normally lasts for two years so, to take advantage, McMaster entities planning on relying on implied consent to send CEMs should seek express consent as soon as possible.
Basic Rule “The principal CASL rule is that, subject to certain exemptions, a CEM cannot be sent to an electronic address unless:” 1. the sender has obtained consent from the recipient of the message; and
The principal CASL rule is that, subject to certain exemptions, a CEM cannot be sent to an electronic address unless: “1. the sender has obtained consent from the recipient of the message; and” 2. the message contains the sender’s contact information and an unsubscribe mechanism.