Legal Definitions - Canadian Anti-Spam Law of 2010: Content Requirements and Opt-Out

The Canadian Anti-Spam Law (CASL) of 2010: Content Requirements and Opt-Out refers to specific rules under Canadian law governing commercial electronic messages. These rules are designed to protect consumers from unwanted electronic communications, such as emails, text messages, and social media messages, that promote commercial activities.

For a commercial electronic message to be compliant with CASL, it must meet several key content requirements and provide a clear mechanism for recipients to stop receiving future messages:

• Identification of Sender: The message must clearly state who sent it and, if applicable, on whose behalf it was sent. This ensures transparency about the origin of the communication.
• Contact Information: The message must include information that allows the recipient to easily contact the sender or the person on whose behalf the message was sent. This could be an email address, a phone number, or a physical mailing address.
• Unsubscribe Mechanism: A prominent and easy-to-use method for "opting out" or unsubscribing from future commercial electronic messages must be included. This mechanism must:
  • Be available at no cost to the recipient.
  • Include an electronic address (like an email address) or a website link that can be used to indicate the wish to unsubscribe.
  • Remain valid and functional for at least 60 days after the message was sent.
• Timely Opt-Out Processing: Once a recipient indicates they wish to unsubscribe, both the sender and the person on whose behalf the message was sent are legally obligated to ensure that the opt-out request is processed promptly, no later than 10 business days after it was received.

Examples of CASL Content Requirements and Opt-Out in Practice:

• Online Retailer's Promotional Email: Imagine you receive an email from "Trendy Threads Boutique" announcing a flash sale on summer clothing. To comply with CASL, this email must:

  • Clearly state that it is from "Trendy Threads Boutique" in the sender field or body.
  • Provide contact information, such as their customer service email address (e.g., [email protected]) and a link to their website's contact page.
  • Feature a prominent "Unsubscribe" link at the bottom. If you click this link, it must take you to a free, functional page where you can easily opt out of future emails. Trendy Threads Boutique must then ensure you stop receiving their promotional emails within 10 business days. The unsubscribe link and contact information must remain active for at least 60 days after the email was sent.

• Local Gym's Membership Offer via SMS: A local fitness center, "Peak Performance Gym," sends a text message to potential members about a limited-time discount on annual memberships. For this message to be compliant:

  • The text message must identify "Peak Performance Gym" as the sender.
  • It needs to include a way to contact them, such as their phone number or a link to their website.
  • It must also provide a clear, free method to opt out, such as instructing recipients to "Reply STOP to unsubscribe." If a recipient replies "STOP," Peak Performance Gym must ensure they no longer receive promotional texts within 10 business days. The opt-out method must remain valid for at least 60 days.

• Software Company's Newsletter: A company called "Innovate Solutions Inc." sends out a monthly newsletter to its users, which includes updates about their software features and promotions for new premium services. To adhere to CASL:

  • The newsletter must clearly state it is from "Innovate Solutions Inc."
  • It must provide readily accessible contact information, such as their main support email address and a link to their corporate website.
  • At the bottom of every newsletter, there must be a visible link like "Manage Your Email Preferences" or "Unsubscribe." This link must lead to a free online page where recipients can easily stop receiving the newsletter. Innovate Solutions Inc. is responsible for processing these unsubscribe requests within 10 business days, and the unsubscribe link must remain active for at least 60 days from the date the newsletter was sent.