Canada - CASL

CASL was dispatched in 2014 and it represents Canada's Anti Spam Legislation. It's a select in-law set up by the Canadian Radio-TV and Telecommunications Commission (CRTC) to guarantee that Canadians just get electronic correspondence from associations that they have requested and consented to. Basically, CASL Compliance enactment has been set up to secure the privileges of Canadians.

Express and Implied Consent: What's the Difference? 
Express consent: The beneficiary plainly revealed to you that they might want to get your messages. Ask yourself, did the beneficiary state yes/agree to get your email? This is the sort of assent that you need to pick up from your crowd since it isn't time-restricted. It doesn't terminate. 
Implied consent: Can you demonstrate that you have a current business relationship with the beneficiary? This sort of assent incorporates somebody who has mentioned a statement or made a buy. They haven't effectively disclosed to you that they consent to get messages yet their current relationship with your business suggests that it's alright. Inferred assent is time-restricted and it will terminate.

1. Include an Opt-In and an Opt-Out Form

Under CASL, it is required that you implement an opt-in form, instead of an opt-out form. In your email marketing sign up forms, you will need to include:
  • An empty checkbox that asks for permission to send electronic email communication.
  • The name of your business.
  • Your mailing address & phone number.
  • The purpose of the email communication (what you’re offering your audience).
  • A message stating that they have the option to unsubscribe at any time.

2. Keep a Record of All Email Addresses You Collect & How They Were Collected

An easy way to ensure that you keep a consistent record is by using only one method of sign-up for the entire business. Putting a simple process in place will help you ensure that every new subscriber’s email is collected with express consent.
We recommend using an online form and placing it on your website. You can place it on the home page, your blog page, or any other page that receives a lot of traffic. You can also link to this email signup form from your social profiles — this is a great way to grow your list and be CASL compliant.

3. Create Double-Opt-In Sign Up Forms

A double opt-in sign-up forms provides the subscriber with a two-step process.
Step 1: Involves filling out your CASL compliant sign-up form and checking the opt-in box;  yes I want to subscribe.
Step 2: Once they submit their form, they receive a confirmation email where they must confirm, for a second time, that they would like to subscribe.
This ensures that the subscriber wants to receive your emails and that you have express consent.

4. Create a Reconfirmation Campaign for Your Implied Consent Subscribers

If you have implied consent subscribers that you want to move to express consent, create a reconfirmation campaign. You want to strive for express consent so that you know you have an engaged audience. We suggest crafting a message to inform people that you want them to reconfirm their subscription to your emails. Include a link to your email sign-up form and have them opt-in again.

5. Include Business Information & an Unsubscribe Mechanism in Your Emails

Now that you have express consent for your email subscribers, you need to follow through by ensuring your marketing emails are including the following:
  • A mechanism to unsubscribe
    • This needs to be clearly visible in your email. It can’t be hidden and should include a message stating that the recipient can unsubscribe at any time! The most common place for an unsubscribe link is in the footer of the email!
  • Company name, mailing address, phone number, and reply to email address.Website link
  • This isn’t required but will help to create credibility for your emails.

6. Use a Reputable Email Marketing Provider

Reputable email marketing providers, such as INBOX, have their own mechanisms in place to help companies of all sizes and scales stay CASL compliant. Most email marketing providers require you to have your mailing address present in all email communication as well as an unsubscribe link or button. They also offer the ability to create a sign-up form for your email subscriber list which holds a record of the date a subscriber signed up.