Canada’s Anti-Spam Legislation (CASL) Update

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On July 27, 2016 the Canadian Radio-Television & Telecommunications Commission (CRTC) published guidance on the types of records it will be looking for to prove compliance with Canada’s Anti-Spam Legislation (CASL) in any enforcement action.  The Enforcement Advisory can be found at http://news.gc.ca/web/article-en.do?nid=1104989

The CRTC recommends that anyone sending commercial electronic messages keep the following physical or electronic documents, in a manner that may be promptly retrieved: (a) express consents and evidence of implied consents, (b) policies and procedures regarding CASL compliance including information on the methods for collecting consents, and (c) all unsubscribe requests and resulting actions.

While these actions and keeping these records are voluntary, the onus to prove compliance rests with the person sending the messages.  The failure to comply with CASL may result in penalties or other actions, as sanctioned by CASL.

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