They clarify requirements already contained in CASL and its regulations.Īlso, the examples provided in these information bulletins are recommended or best practices that, in the CRTC’s view, clearly meet the requirements in CASL. These information bulletins are guidelines and do not impose binding obligations. Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation, Compliance and Enforcement Information Bulletin CRTC 2018-415.Guidelines to help businesses develop corporate compliance programs, Compliance and Enforcement Bulletin CRTC 2014-326 and,.Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation, Compliance and Enforcement Information Bulletin CRTC 2012-549.Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC), Compliance and Enforcement Information Bulletin CRTC 2012-548.Has the Commission provided additional guidance for businesses on the Act and Regulations?įor the purpose of providing guidance, the CRTC issued the following: Websites, blogs and micro-blogging would typically not be considered to be electronic addresses. However, messages sent to other users using a social media messaging system (e.g., Facebook Messenger and LinkedIn messaging), would qualify as sending messages to "electronic addresses." For example, a Facebook wall post would not be captured. In addition, whether communication using social media fits the definition of "electronic address," must be determined on a case-by-case basis, depending upon, for example, how the specific social media platform in question functions and is used. For example, a typical advertisement placed on a website or blog post would be excluded. Some social media accounts may constitute a "similar account." Whether a "similar account" is an electronic address depends on the specific circumstances of the account in question. promoting a person, including the public image of a person, as being a person who does anything referred to above, or who intends to do so.Īn electronic address is defined in CASL as being: an email account, a telephone account, an instant messaging account, and any other similar accounts.offers to provide a business, investment or gaming opportunity and.offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land.Conversely, a tagline in a message promoting a product or a service, or encouraging the recipient to purchase a product or service would constitute the message as a CEM. For example, the simple inclusion of a logo, a hyperlink or contact information in an email signature does not necessarily make an email a CEM. These parts of the message are not determinative. hyperlinks in the message to website content or a database, and.When determining whether a purpose is to encourage participation in a commercial activity, some parts of the message to examine are: What is a commercial electronic message?Ī key question is the following: Is this message I am sending a commercial electronic message (CEM)? Is one of the purposes to encourage the recipient to participate in a commercial activity? However, CASL does not apply to unsolicited telecommunications, including live voice and automated telemarketing calls, to telephone numbers, which are regulated under the Unsolicited Telecommunications Rules. This includes SMS and other messaging to mobile phones and devices. If both of these elements are present, then CASL applies.ĬASL only applies if the CEM is sent to an electronic address, as defined in the legislation. When does CASL apply?ĬASL applies to (1) a commercial electronic message (CEM) that is (2) sent to an electronic address. You need to: (1) obtain consent, (2) provide identification information, and (3) provide an unsubscribe mechanism. If you are sending a commercial electronic message, you need to comply with three main requirements. Rather, it sets out some requirements for sending commercial electronic messages (CEMs), to an electronic address.
Does the legislation prohibit me from sending marketing messages?
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