CASL stands for ‘Canada’s Anti-Spam Legislation’. This law came into effect ion 2014 to address unwelcomed digital advertising, and has broad implications for the way businesses communicate with their audiences. Essentially, you need consent to email someone a commercial message, and you need to offer an ‘unsubscribe’ option with every commercial message.
What happens if you consent?
• You receive our weekly newsletter (which you can unsubscribe from at any time without affecting other communications)
• You receive notice of CKUA events happening in your community
• You receive an invitation to complete a survey (every few months)
• If you make a donation online, you’ll receive an emailed confirmation
• You receive our tax receipt
• You receive your Backstage pass code
• You’ll be able to opt out at any time
What happens if you do not consent?
• All of the above still apply, except you will not receive our weekly newsletter
• You’ll be able to opt back in at any time by request to email@example.com
For CKUA specifically, the only emails we typically send out that fall under CASL is the newsletter, as that contains sponsor content. All the rest of our typical communications (tax receipts, the Backstage pass code, survey invitations, and notifications of events in your community such as the recent Flip the Switch day in Drumheller) are exempt, as they do not contain any commercial messages.
However, we understand that inboxes get filled pretty quickly and not everyone wants to be on our mailing lists. We will continue to offer an ‘unsubscribe’ option when we sent out our newsletter, and you will of course receive your tax receipts (unless you’ve requested that we mail them out).
If you do not consent, and wish to unsubscribe from commercial emails including the newsletter, click here: I do not consent.
If you think you may have chosen ‘do not consent’ by mistake, or wish to confirm or re-confirm your consent to receiving commercial emails including the newsletter, click here: I consent.
If you wish to remove yourself from all CKUA emails except your tax receipt, click here: Remove
Canada’s Anti-Spam Legislation (CASL) FAQs
What is Canada’s Anti-Spam Legislation (CASL)?
Canada’s Anti-Spam Legislation (CASL) is a new law that prohibits the sending of a commercial electronic message (CEM) unless the sender has consent (express or implied) and the CEM contains certain required information. This law affects any individual, business or organization that
• Makes use of commercial electronic messages
• Is involved with the alteration of transmission data
• Produces or installs computer programs
What is a commercial electronic message (CEM)?
A commercial electronic message is “any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.” This includes emails, messaging systems (eg. mass messaging through LinkedIn and Facebook), and SMS/text.
What is considered “commercial activity?”
“Commercial activity” means any transaction, act or conduct that is of a commercial nature, whether or not the sender expects profit from their message. A CEM encouraging commercial activity would be a message that promotes a product or service to encourage the recipient to purchase the product or service.
I’ve heard charities are exempt from CASL. Is this true?
Commercial electronic messages sent by registered charities that have fundraising as the primary purpose are exempt from CASL. Other messages from charities that do not have the primary purpose as fundraising must comply with CASL.
Are donation requests considered to be commercial electronic messages?
Messages that have as their primary purpose raising funds for CKUA (i.e. fundraising messages) are exempt from this legislation. Consent is not required from the recipient before these messages are sent.
What does “implied consent” mean?
“Implied consent” means there is an existing business or non-business relationship with the receiver. Implied consent also applies to those who have published his/her address and has not indicated he or she does not want to receive spam (eg. online business card).
A business or non-business relationship applies to someone who has interacted with CKUA in the immediate two-year period the day before the CEM is sent to the receiver. Examples include but are not limited to:
• a donor
• a volunteer
• an event participant
Note that CASL does not apply to
• a relationship that is personal or familial;
• an electronic message that is sent to someone engaged with CKUA in an activity and the message is solely an inquiry related to that activity;
• completing or confirming a commercial transaction (e.g. donation confirmation; email with tax receipt).
What do I agree to by providing consent?
You agree to receive messages from CKUA that have commercial content. You can unsubscribe at any time from emails you no longer want to receive. Your consent will be recorded and stored to ensure that, going forward, we send commercial messages only to those individuals for whom we have consent.
For most people, providing consent will mean that nothing changes to the emails you currently receive from CKUA.
How does CKUA obtain consent?
CKUA asks recipients for their consent in emails; however consent can be obtained orally or in writing.
If you would like to provide your consent or withdraw/unsubscribe at any time, please contact firstname.lastname@example.org
Will I continue to receive electronic messages from CKUA if I do nothing?
You might continue to receive commercial emails if we have your implied consent.
You may also still receive electronic message that do not contain commercial content. This mostly includes news or information items, and fundraising appeals.