CASL Compliance

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. 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 to move those contacts with Implied Consent over to Express Consent.

Marketing Without Borders has all the proper information to help you through the process, please do not hesitate to ask.