Fighting spam with CASL
*Legacy links
cga-bc.org
CGA-BC members: Under
the Members tab of the
CGA-BC website, select
“Members Services
Login” and sign in to
“Member Details.” At the
bottom of the page,
you’ll see “Email
Preferences.”
CGA-BC students: Under
the Students tab of the
CGA-BC website, select
“My CGA-BC” and sign in
to “Student Details.” At
the bottom of the page,
you’ll see “Email
Preferences.”
cmabc.com
CMABC members,
candidates, and
students: Go to the
homepage of the CMABC
website and click on the
login link under the
yellow “Member Profile”
tab. After signing in, click
on the “Communication
Preferences” tab to
customize your settings.
ica.bc.ca/secure
ICABC members and
students: Sign in to the
ICABC SECURE site and
click on the “email
preferences” link in the
left-hand column to
customize your settings.
You can also access the
SECURE site via the
homepage at ica.bc.ca by
clicking on “ICABC
SECURE LOGIN” at the top
of the page.
Canada’s anti-spam legislation (CASL), which came into effect on July 1, 2014, prohibits the sending of commercial
electronic messages (CEMs) without at least the implied consent of recipients. In addition to covering regular
email, CASL covers messages from social networking accounts, SMS text messages, and instant messages. The
legislation does not apply to non-commercial activities; voice, fax, or auto-recorded voice calls; or broadcast
messaging, including tweets and posts.
On January 15, 2015, new rules about installing computer programs came into force, with CASL prohibiting
anyone from installing software on another party’s electronic devices without their express consent. For software
installed prior to January 15, 2015, there is a three-year transitional period for updates and upgrades to existing
computer programs.
With regard to CEMs, senders have 36 months from the July 1, 2014 date to obtain express consent from past
clients or customers; however, this transition period ends if/when recipients withdraw consent.
Sending a CEM – What’s required
Under CASL, a CEM is essentially a message that encourages participation in a commercial activity. There are three
general requirements for sending a CEM to an electronic address:
1. sender must have consent from the recipient.
The
2. sender must identify themselves clearly in the CEM, and provide the recipient with a way to contact them.
The
3. sender must provide an unsubscribe mechanism in the CEM.
The
CASL does provide full and partial exemptions in certain cases, based on the relationship between sender and
recipient and the nature of the communication.
Distinguishing between implied and express consent
Implied consent is deemed to exist when:
• ere is an existing business relationship – For example, the recipient has made a purchase of goods or services;
Th
has entered into a written contract with the sender; or has accepted a business opportunity from the sender.
• ere is an existing non-business relationship – For example, the sender is a registered charity, and the recipient
Th
has given them a donation; or the sender is an association of which the recipient is a member.
• recipient’s email address has been published in plain sight or sent to the sender – For example, the recipient has
A
given the sender their business card, and the sender’s CEM relates to the recipient’s role in a business capacity.
Implied consent is generally limited to a period of two years after the event that started the relationship.
Express consent is deemed to exist when a recipient has given, in writing or verbally, a positive or explicit
indication of consent to receive CEMs (assuming the sender’s request for consent set out the prescribed
information clearly). Express consent has no time limit—unless, as noted earlier, the recipient withdraws consent.
Managing consent
M