CASL Compliance Marketing

CASL Compliance Marketing



Nearly two months has past since Canada Anti-Spam Legislation (CASL) came into effect on July 1st 2014 and anyone sending or receiving Commercial Electronic Messages (CEM) to/from a Canadian device must comply with the new rules.  As Email marketers, we will review the key components of CASL, and how we can market yet remain compliant to the new legislation.  


Book a FREE 30-minute CASL Review Call with Master Certified Solution Provider, Conscious Commerce



Watch this 1-minute video from the Government of Canada on Canada Anti-Spam Legislation



Commercial Electronic Message (CEM):Any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. A message sent by any means of telecommunication, including a text (SMS/MMS), email, direct message (social), sound (except voice calls), or image message (except for fax). – As per Government of Canada – Canada Anti-Spam Legislation of the CRTC:


 *CASL requires the sender of a commercial electronic email obtain permission BEFORE they are allowed to send to the email recipient.  In addition, the law mandates commercial emails contains truthful header and non-misleading header information, proper identification of the sending party and time limit. - *Constant Contact Resource Center: What are the Canadian Anti-spam laws?


According to a Government of Canada (2013) study, there are 1.1 Million employer businesses within Canada, all of these businesses who make use of commercial electronic messages will be impacted by CASL. Not to worry, Constant Contact’s certified Solution Providers are here to help and we have a strategy to make your business compliant within the CASL Guidelines.


Prior to developing a comprehensive CASL Compliance Marketing Strategy, we should review the 3-key components mentioned in the Government of Canada Anti-Spam Legislation video:


  1. Consent: Implied vs Express
  2. Identification: clearly identify the business or person who is sending the message
  3. Unsubscribe: mechanism for the person receiving the message to unsubscribe from your list(s)

**Express Consent: Express permission is obtained when you explicitly ask your potential contacts for permission to send them email, and they agree. You need to use clear language when you ask and you also need to include the following information to fully inform them about who will be emailing:


  • Business/Personal Name of the party/company asking for permission
  • Company Website, Address, Postal Code and Phone Number

The customer must also be told which email provider (such as Constant Contact) will be sending the emails and that unsubscribing at any time is an option.


#CASL also applies to social media platforms, a “like” or “follow” does not constitute express consent. CASL establishes some specific requirements when requesting express consent for the purposes of sending a commercial electronic message (CEM). Senders need to ask for consent, and when they do, they must explain the purposes for requesting consent.                                                                               #Constant Contact Community Blog: 4 Questions About Canada’s New Anti-SpamLegislation that All Marketers Should Read


NOTE: Receiving a business card or email address on paper (such as at trade shows) requires “express” consent to send commercial electronic messages. Express consent can be given verbally, but harder to prove verbal consent if there are any challenges.


Implied Consent**: Implied permission takes place in a situation where the conditions of express permission have not been met but some previous relationship exists.  Some examples of implied permission include:


  • Existing business relationships: any business transactions in the past two years
  • Existing non-business relationships: donations or gift to a registered charity, electronic inquiry, volunteered, or is a member of a group or organization
  • NOTE: obtaining a business card through a trade show or business meeting does not constitute implied consent.

**Email marketers have 2 to 3 years (July 1st 2007) to move those contact with Implied Consent over to Express Consent.

 For a detailed explanation of the difference between Express and Implied Consent along with the specific CASL requirements, please refer to the **Constant Contact Resource Center: What does the Canadian Anti-Spam law mean when it talks about implied and express permission?


Identification***: All marketing emails must contain the identity of the person, business or organization sending the message. Emails must also identify the Email Service Provider but with the “Powered by Constant Contact logo” included in every email, you are covered! - ***3 Steps to CASL Compliance Checklist – Constant Contact (click to Download PDF)


Book a FREE 30-minute CASL Review Call with Master Certified Solution Provider, Conscious Commerce


Unsubscribe*: recipient must have the ability to unsubscribe from your mailing list. Constant Contact emails have an existing SafeUnsubscribe™ feature which automatically updates your database. Alternatively, as long as the recipient can reply to the received message with “unsubscribe” in the message, the sender must honour the request immediately and has up to 10 days to comply with the unsubscribe request. Unsubscribe requests never expire, marketers must honor all opt-out requests indefinitely, regardless of future mailing platforms, unless you receive a new explicit opt-in (Express Consent) request for that email address.


NOTE: Email marketers must explain that recipients can unsubscribe in the future, as required by the Canada Anti-Spam Legislation (CASL) #.


If all these terms and conditions seem confusing you are not alone! Many of Constant Contact’s customers don’t have the resources or the time to decipher all this code, yet conduct a proper CASL Compliance Marketing strategy. This is where a Master Certified Solution Provider, such as Conscious Commerce can help you to perform a full CASL Compliance Marketing Review.


CASL Compliance Marketing Review

  • Contact List Analysis: identify and segment contacts into “Express” and “Implied” consent
  • Create and execute Campaign to confirm “Express” consent
  • Audit Email Collection Practices: updating online (and offline) Sign-Up Forms
  • Audit Existing Email Marketing Content

CASL Compliance service offerings may vary from one Constant Contact Solution Provider to another. Conscious Commerce includes a new Premium design mobile-friendly email template with the CASL Compliance Marketing Review offered at a discounted price to its Partner Solution Provider Program members.


Constant Contact in partnership with the Solution Provider Partner Program has developed a number of webinars, seminars, services and downloadable PDF's to support your CASL compliance activities. There are 60 ways to grow your email marketing contact list(s) while remaining compliant with CASL. Download (64 page PDF): 60 Ways to Grow Your List


Book a FREE 30-minute CASL Review Call with Master Certified Solution Provider, Conscious Commerce

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