CASL (Canada's Anti-Spam Legislation)

CASL (Canada's Anti-Spam Legislation) is the Canadian law regulating commercial electronic messages — among the strictest anti-spam laws globally — requiring express or implied consent before sending commercial email, SMS, or social messages to Canadian recipients.

Why This Matters

CASL goes beyond CAN-SPAM and even GDPR in restricting commercial outreach. Express consent: documented opt-in (form fill, checkbox) explicitly authorizing receipt of commercial messages from specific sender. Implied consent: existing business relationship within prior 24 months, business inquiry within 6 months, or publicly published business contact information used for relevant business purpose. Violations carry penalties up to $10M CAD per violation. Key impact for B2B: cold email to Canadian prospects requires either explicit consent or verifiable implied consent basis (existing relationship, recent inquiry, or relevant published business info).

Frequently Asked Questions

Frequently Asked Questions

Can I send B2B cold email to Canadian prospects?

Only with valid implied or express consent basis. Implied consent options: existing business relationship (24-month window from last transaction), recent business inquiry (6-month window), or publicly published business contact info used for clearly relevant purpose. Without consent basis, cold email to Canadian prospects violates CASL.

What's the penalty for CASL violations?

Up to $1M CAD per violation for individuals, $10M CAD per violation for organizations. Class-action exposure adds private litigation risk. Major Canadian enforcement actions have produced multi-million dollar settlements against violators. Compliance is meaningfully stricter than CAN-SPAM and warrants careful Canada-specific outreach process.

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