Email Marketing - New Canadian Anti-Spam Law May Affect You

As of July 1st, a new Canadian law went into place, the Canadian Anti-Spam Legislation (CASL).

The purpose of this law is to protect the privacy rights of individuals.  According to the iContact blog:

The new legislation applies to anyone who sends mail to recipients in Canada, and requires senders of email to have or to obtain permission from those recipients to send them marketing messages. The problem, of course, is that unless senders have been collecting geographic data about their recipients at the time they gathered permission, it’s hard to know whether any particular recipient is in Canada. Furthermore, the burden rests on the sender to prove that they had consent should any action be brought under the legislation.

This pretty much affects everyone who sends emails to a Canadian citizen through a mailing list. Even if you’re not a business you may be subject to the new law and be required to have explicit consent from those you send emails to.

Another important feature of the law ensures that all emails have sender identification: email address, physical address, and/or phone number.

One more must-do element to the new legislation is all emails are to have unsubscribe buttons that work. This is similar to the US CAN-SPAM law.

Even the forward-a-friend function falls under the law and must be eliminated from emails to Canadian recipients.

This is a law you should pay attention to as there will be penalties for noncompliance. In another blogpost from iContact, it states:

The financial penalties for non-compliance can be stiff – up to $10-million for corporations and $1-million for individuals. Starting in 2017, individual recipients in Canada can sue senders of unpermissioned mail and claim damages of $200 per message.

To read more about this new Canadian law, visit:


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