Canadian Radio-Television and Telecommunications Commission (CRTC) has just released new Guidance on the use of implied consent under Canada’s Anti-Spam Legislation (CASL).
Under CASL, consent (either express or implied) is required to send commercial electronic messages, subject to limited exceptions.
IAB Canada strongly recommends reviewing these new guidelines as the document is quite robust and includes direction on:
- The difference between express and implied consent
- When an existing business relationship can be used as implied consent
- How organizations can improve consent
- What records should be kept for the purposes of CASL
For companies involved in the professional training services sector, an Enforcement Advisory was also released by the CRTC reminding companies of their obligations under CASL.
Penalties under CASL are potentially severe and the CRTC has issued heavy fines to date. IAB Canada members are encouraged to ensure that they have taken the necessary steps to ensure compliance with CASL, including:
- Implementing a CASL compliance program
- Obtaining consent for the sending of any commercial electronic messages
- Ensuring that each electronic message sent includes the prescribed contact information and unsubscribe mechanism