Canada’s Anti-Spam Law (“CASL”), which comes into force on July 1, 2014, prescribes certain requirements for the content and form of commercial electronic messages (“CEM”s) that are sent with the consent of the recipient.
There are three main requirements in order for a CEM to comply with CASL. The message must include:
(i) Information that identifies the person that sent the message, and the person on whose behalf the message is sent (if different);
(ii) Contact information for the person who sent the message or the person on whose behalf the message is sent (if different); and,
(iii) An unsubscribe mechanism.
The CEM must include the name by which the person sending the message carries on business and their name (if different). If the message is sent on behalf of another person, the CEM must identify the name of the person on whose behalf it is sent.
The CEM must include the mailing address and one of the telephone number, e-mail address, or web address of the person sending the message or the person on whose behalf the message is sent (if different).
The unsubscribe mechanism must allow the person to indicate – at no cost to them – that they no longer wish to receive CEMs from the sender. For example, an e-mail can include a link that directs the recipient to a webpage on which they can unsubscribe from the sender’s CEMs. The CRTC considers that the unsubscribe mechanism must be set out “clearly and prominently” and must be able to be “readily performed” by the recipient.