3 ways to prepare for Canada’s Anti-Spam Law

We’ve been receiving several emails from clients about CASL since our last post and thought we would answer the top three most common questions here.

What is the difference between implied consent and expressed consent?

Implied consent are those customers who have purchased from you, or are prospects who have made an inquiry for your products / services in the past two years.

Expressed consent is exactly that. Those prospects who have expressed their consent to receive your emails by ‘opting-in’.

After the deadline of July 1, 2014, you will have to have either implied or expressed consent in order to continue to send commercial email.

Image of mailbox with 'no spam' displayedWhat can I do to prepare for CASL?

  1. Create a form on your website to have prospects to opt-in (expressed consent). Ensure your website and/or email service has a tracking mechanism to keep the information handy for proof of expressed consent.
  2. Create a message on all of your outbound email marketing messages, website and email signatures with a link to this opt-in form.
  3. After combing through your database for those who have expressed or implied consent, create a specific message to the balance of your database asking them to ‘opt in’ with compelling reasons to do so.

What happens after the July 1, 2014 deadline?

If you do not have not have expressed consent or implied consent, (and can’t prove it through your web or transaction history), you will have to remove those contacts from your database. Under CASL, you can no longer market to this group. The fines for doing so are quite high… $1M for individuals an $10M for corporations.

Focused Marketing
There is no denying it will be a challenge to get up to speed, however, it’s an opportunity for marketers to fine-tune mailing lists focused on customers and prospects who have a genuine interest. (i.e who have opted in, inquired or have purchased in the past two years).

The result?
You will definitely have a smaller list to work with, but we believe it will also be a much leaner, more focused list of engaged customers and prospects for your products and services offered. After all, wouldn’t you rather spend your marketing dollars and resources talking to prospects interested in hearing from you?


The content in this article does not replace legal advice, but rather, provides insight on what organizations can be doing to get ready for the Canada’s Anti-Spam Law. There are other stipulations you should be aware of. We recommend you visit the resources listed on our last blog post about CASL. For compete details and see the full text of Canada’s Anti-Spam Legislation.


Deanna White has always been passionate about marketing and public relations. Owner of storylinePR, Deanna is best known for taking it beyond the pitch. For building brands & bottom lines with the right channels to share your story. www.storylinepr.ca.

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