Canada’s Anti-Spam Legislation or CASL is a new law that requires express or implied consent to send commercial electronic messages (CEM) to recipients. CEM includes any electronic message such as e-mail, electronic news bulletin, or invitation sent online that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. The law takes effect on July 1, 2014, and Sphere provides the necessary tools you need to comply with it.
How are Sphere clients affected by the new legislation?
CASL requires organizations sending emails to and from Canada to obtain “expressed consent” before sending any communication. “Expressed consent” means that a user took action to opt-in or approve to receive communications from you. Conversely, “implied consent” is when no action was taken to approve communications from your organization, but you have a business or non-business relationship with the recipient. According to CASL, you must obtain express consent unless you have a pre-existing relationship with the recipient. We encourage you to review the law and contact your legal representation to discuss how consent applies to your organization’s business practices.
How can I use Sphere to comply with the legislation?
Here are three general requirements for sending a CEM to an electronic address and how Sphere meets them:
- Consent: Sphere supports opt-in and double opt-in through forms, enabling supporters to sign up to receive bulk emails (opt-in) and verify a subscription after signing up to receive bulk emails (double opt-in). You can add eNewsletter campaigns to forms so that supporters can sign up for message content, as well as send supporters an email with a link to confirm their subscriptions.
Note: We strongly encourage you to review your internal processes and review your current list of Canadian supporters to verify whether they provided consent for you to send them messages. If you are unsure, consider sending messages to them before the law takes effect with links to forms or eNewsletters they can use to opt-in.
- Identification Information: When website users submit online forms, Sphere captures the opt-in information on the supporter record. Also, outbound bulk email messages include the address footer feature by default.
- Unsubscribe Mechanism: Bulk email messages you send from Sphere enable receivers to click a link in the content and then complete a form to unsubscribe from receiving your organization’s mailings. When you send additional mailings, Sphere automatically suppresses the receivers’ email addresses so that you do not need to manually remove them from the receiver list. You can configure the two types of forms available to match the needs of your organization.
These materials are provided for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue.