As of July 1st, 2017, the CASL sections, which deal with the private right of action will come into force. This means that private individuals and organizations, which are affected by a violation of CASL, will be able to seek legal redress through civil actions.

After the July cut-off date, you may only send messages to recipients, which have already opted in with express consent or whose implied consent is currently valid under CASL—that is, 24 months after a purchase or six months after an inquiry. This means that all messages (email, social media and text) must abide by the CASL rules, and you are required to have express consent.

This video from 3 years ago helps explains the 3 key pieces that you will need to send electronic messages to an email address in Canada:

In addition to the CASL, you can review our Anti-Spam policy.

So for example, if you find an email address on a website, you can send an email message to that email address. By publicly displaying their email address, they’ve given “implied consent.” After July 1st, 2017, you can only contact someone if they’ve made a purchase from you within the last 2 years or if they’ve made an inquiry to you within the last 6 months.

If you are doing email marketing, you need to ensure you have a process in place to evaluate their implied consent subscribers, and remove them prior to the July 1st, 2017 deadline.

Let us know if you need help establishing an Express Consent email marketing plan.

This article is provided as a resource, but does not constitute legal advice. It’s important to note that we’re not legal professionals. It may be best to seek professional legal advice in these instances just to be sure any practices are in compliance with the new CASL legislation.