Definition
CASL is Canada's Anti-Spam Legislation, one of the strictest email laws in the world. It requires consent before sending commercial electronic messages (CEMs), with most messages needing express consent and only specific situations allowing implied consent.
Every message must clearly identify the sender and provide accurate contact details, and include a functional unsubscribe mechanism that is honored. The law emphasizes a consent-presumption model: the burden is on the sender to prove consent.
Penalties are significant, so verifiability matters. Document when, how and from where consent was obtained, keep consent recent and specific, and align sending with CASL's identification, opt-out and consent requirements.
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Related Glossary Terms
Abuse Complaint
An abuse complaint is a report from a recipient who marks an email as spam, which negatively affects sender reputation and deliverability.
Anonymized Data
Anonymized data is email subscriber or interaction data that has been stripped of personally identifiable information so individuals cannot be re-identified.
Australia Spam Act 2003
The Australian Spam Act 2003 bans unsolicited commercial email, requiring consent, accurate sender information and a clear, working unsubscribe facility on every message.
Brazil LGPD Email Marketing
Brazil's LGPD regulates personal data use for marketing, requiring a legal basis such as consent or legitimate interest, plus transparency and clear opt-out in email campaigns.
CAN-SPAM Act
The CAN-SPAM Act is a US law that sets rules for commercial email. It requires accurate subject lines, a physical address, a clear opt-out mechanism, and prompt processing of unsubscribes. Violations can result in penalties up to $51,744 per email.
China Email Marketing Regulations
China regulates unsolicited email through rules and blocking by major providers, so cross-border email to China requires strict consent, clean lists and monitored deliverability.
Frequently Asked Questions
CASL requires consent before sending commercial electronic messages, clear sender identification, accurate contact details and a functioning unsubscribe mechanism.
Most messages need express (explicit) consent. Implied consent applies only in specific, narrow situations, and the sender must prove consent exists.
Document and verify consent, clearly identify yourself and provide real contact details, include and honor a working unsubscribe, and keep records proving compliance.