Getting new clients by email while staying onside of Canadian Anti-Spam Legislation (CASL)

How do you use powerful tools like email and social media to reach new clients while not being on the wrong side of CASL?


Steve Sorochan

4/3/20241 min read

How do you use tools like email to reach new clients while staying onside of Anti-spam laws?

In a previous post we talked about requiring express consent in order to stay in compliance with Anti Spam laws, but CASL does allow for businesses to send cold emails to potential clients using implied consent.

There are two main scenarios of implied consent that apply to commercial transactions are:

  • You have an existing business relationship with the recipient, such as if they have recently purchased something from you; and

  • If the recipient has published their contact information in a public place and has not expressly stated that they do not want to receive unsolicited electronic communications.

Not for profit organizations can also rely on a exemption which allows charities to send Commercial Electronic Messages (CEM) when it is for the purpose of raising funds for the charity.

In either case the electronic messages sent must comply with CASL rules and provide identification information about the sender and a method to unsubscribe from future communications.

Services like those provided by Mailchimp or (there are dozens more out there) can really help small businesses reach new customers while complying with the rules set out in CASL.