Canadian Anti-Spam Legislation (CASL) Compliance for Small Business

Violating Canada's Anti Spam Legislation rules can lead to fines of as much as 10 million dollars for a business. Do not get caught on the wrong side of SPAM. Here are some simple tips to stay in compliance (and not piss off your customers.)


Steve Sorochan

3/6/20241 min read

CASL Compliance for Small Businesses

The Canadian Anti-Spam Legislation (CASL) is a law that regulates the sending of commercial electronic messages (CEMs) in Canada. It is important for small businesses to understand and comply with CASL to avoid potential penalties and legal consequences.

One of the key requirements of CASL is the need for consent. This means that businesses must obtain consent from recipients before sending them CEMs. Consent can be either express or implied. Express consent is obtained when the recipient explicitly agrees to receive CEMs from the sender. Implied consent can be inferred from the recipient’s actions, such as having an existing business relationship with the sender.

In addition to obtaining consent, businesses must also include certain information in their CEMs. This includes the sender’s name and contact information, as well as an unsubscribe mechanism that allows recipients to opt-out of receiving future CEMs.

Small businesses can take several steps to ensure CASL compliance. These include:

  • Keeping records of consent, including the date, time, and method of obtaining consent.

  • Regularly reviewing and updating their consent records to ensure that they are current and accurate.

  • Including the required information in their CEMs and ensuring that the unsubscribe mechanism is functional and easy to use.

  • Providing training and education to employees to ensure that they understand and comply with CASL requirements.

By following these steps, small businesses can ensure that they are CASL compliant and avoid potential penalties and legal consequences.

Here is a link to more information from the Canadian Radio-television and Telecommunications Commission's (CRTC.)