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What is Canada’s anti-spam legislation?

Canada’s anti-spam legislation (CASL) is a federal act that protects Canadian consumers from spam emails, malware, phishing , and other electronic threats. CASL aims to reduce spam rates and promote a safer online environment for Canadians.

What does CASL cover?

CASL applies to all commercial electronic messages (CEM) you send to Canadian recipients, including those that:

  1. Are in an electronic format, such as SMS , MMS , emails, instant messaging, or any similar account
  2. Are sent to an electronic address like email addresses , phone numbers , or instant messaging accounts
  3. Are transactional in nature, meaning they sell a product or service, or promote a person

The following transactional messages are exempt from CASL:

  1. Responses to inquiries, complaints, or requests for quotes or estimates
  2. Warranty information, product recall information, and safety/security updates
  3. Confirmation of a commercial transaction or ongoing transactions, including product update delivery
  4. Factual information about a purchase, an existing subscription, membership, account, or loan

Still, even these categories must meet CASL’s identification and unsubscribe requirements.

Penalties for non-compliance

The maximum penalty for CASL violations can be up to $1 million per violation for individuals and $10 million for businesses. Corporation directors, officers, and agents are responsible and liable for any violations if they directed, authorized, or participated in the infringement.

A marketing automation platform like Klaviyo helps make sure your marketing messages to Canadian audiences are CASL-compliant. With Klaviyo, you can design sign-up forms through which you’ll obtain explicit consent from your subscribers.

Klaviyo helps you create emails that include your business name, contact details, and a valid mailing address, making sure this information is always present in your campaigns and flows. Use Klaviyo to enable clear opt-out options in your emails and SMS and MMS messages.

Sign up for Klaviyo today to streamline your marketing efforts and stay compliant with CASL.