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.

Additional resources