Definition
Email CASL requirements are the obligations imposed by Canada's Anti-Spam Legislation (CASL) on commercial electronic messages (CEMs) sent to or from Canada. CASL is one of the strictest anti-spam regimes in the world. Its core requirement is that senders obtain consent before sending a CEM, and every message must identify the sender and provide a working unsubscribe mechanism.
How It Works
CASL is built on an opt-in consent model. Senders must obtain either express or implied consent before sending a commercial electronic message, and they must be able to prove that consent existed. Express consent is a clear, documented agreement to receive messages, while implied consent arises in limited situations, such as an existing business relationship. The burden of proof rests with the sender, which is why email consent records are essential.
Every CEM must also identify the sender, include contact information, and provide an unsubscribe mechanism that is effective and honored promptly. Unlike CAN-SPAM requirements, which center on opt-out, CASL requires consent up front. Because the rules are strict and penalties can be substantial, Canadian and cross-border senders must treat consent as a foundational requirement.
Requirements
- Obtain valid consent (express or implied) before sending.
- Identify the sender and provide contact details.
- Include a functioning unsubscribe mechanism.
- Honor opt-out requests promptly.
- Maintain records that demonstrate consent.
Example
A software company that markets to Canadian businesses obtains express consent through a signup form that clearly states what subscribers will receive. It logs each signup with a timestamp and consent text, and every email includes sender identity, contact details, and a working unsubscribe link. This approach satisfies CASL while aligning with broader email consent practices.
Was this useful?
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.
Canada CASL Guide
CASL (Canada's Anti-Spam Legislation) requires express or implied consent, clear identification, and a functioning unsubscribe mechanism before sending commercial electronic messages to Canada.
Frequently Asked Questions
Yes. CASL requires express or implied consent before sending a commercial electronic message, unlike the opt-out model of CAN-SPAM.
Implied consent can arise from circumstances such as an existing business or non-business relationship, but it has limits and a defined duration.
CASL is stricter, requiring consent up front, while CAN-SPAM requirements focus primarily on opt-out and disclosure obligations.