Canadian Anti-Spam Legislation

We wanted to make you aware of the new Canadian Anti-Spam Legislation ("CASL"), effective July 1, 2014. It is your responsibility to consult your legal/compliance advisors on what you need to do in order to comply with the new legislation.

Details on the CASL can be found at http://fightspam.gc.ca/eic/site/030.nsf/eng/00271.html

If you are sending Commercial Electronic Messages ("CEMs") as defined by the legislation, you MUST obtain explicit opt-in permission before sending further communication.
If you are not sending CEMs, consult legal counsel to confirm that you do not fall under the scope of this legislation.

Although the section below from the Appendix of the CASL does mention the potential exception for messages to recruit individuals, you should consult your own legal counsel to determine if the types of messages that you send fall under the classification of "CEMs."

Excerpt from the Appendix:

Some stakeholders have argued that they should be able to send messages to recruit individuals for employment opportunities. Depending on the circumstances, most employment recruitment messaging would not fall into the definition of CEM in CASL as these would not normally offer, advertise, market or promote a product or service.

For further information:

Effective July 1, 2014, the new Canadian Anti-spam Legislation ("CASL") goes into effect requiring that you obtain express consent (generally, an “opt-in” consent) from recipients of any "commercial electronic messages" that you send. A commercial electronic message is broadly defined as any message sent by telecommunications (including e-mail, text messages, voicemail, social media communications, etc.) if the purpose of that message is to encourage participation in a commercial activity. You should review the CASL to determine if your messages fall within the definition and, if so, whether you can rely upon any of the exclusions from the definition of commercial electronic messages outlined in Section 3 of the CASL. Other exceptions such as for personal or family relationships, memberships in clubs, associations or voluntary organizations, or third party referrals, may also apply depending on the circumstances.

Please consult your legal/compliance advisors on what you need to do in order to comply with the new legislation.