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The Canadian Anti-Spam Law (“CASL”) came into effect on July 1, 2014, and applies to all Commercial Electronic Messages (“CEMs”) that are sent to recipients who are residents of Canada where the CEM is transmitted from or to computers or devices in Canada. In simplest terms, CASL enforces the best practices that many companies have been utilizing in their marketing efforts for quite some time:
A CEM is any message that:
CASL prohibits the sending of CEM’s without first obtaining the recipient’s consent, which may be either explicit (i.e., opt-in) or implicit (i.e., existing business relationship).
Express consent does not expire until it is revoked (e.g., via an unsubscribe). Implied consent is valid for:
Implied consent requires an “existing business relationship,” which may be established if the recipient has, within the previous:
For a three-year transitional period that began on July 1, 2014, the definition of “existing business relationship” is not subject to the above-specified expiration periods.
For all of our dealerships that are subject to CASL, the Xtime Service operates as follows:
The following scenarios are exempt from CASL’s consent, content and unsubscribe requirements:
Requests for express consent should include all of the following information:
CEMs must include:
Dealerships should ensure that they meet the following CASL obligations:
Xtime recommends that customer opt-ins be captured, wherever possible, using the Xtime Service’s privacy preferences. This best practice will enable the establishment of privacy preferences that are documented more granularly than is possible using many third party tools, including dealership management systems (DMSs).
Three Canadian government agencies have been tasked with enforcing CASL:
Prior to July 1, 2017, CASL will be enforced by the CRTC (with a maximum available penalty to an organization of $10,000,000), with no private right of action. Effective July 1, 2017:
Disclaimer: The information provided here about the law is not legal advice, nor is it a substitute for reading or interpreting any applicable law, including CASL. A link to the full text of CASL is provided here. All readers are strongly advised to obtain their own legal advice regarding compliance with CASL.