Introduction
Newsletters are a powerful marketing tool, but in Canada, they must comply with Canada’s Anti-Spam Legislation (CASL) to ensure ethical and responsible communication. This blog will break down the legal requirements you need to follow when sending newsletters in Canada.
1. Consent: The Foundation of CASL
Before sending newsletters, you must have the recipient’s consent:
- Express Consent:
Recipients actively agree to receive newsletters, often by checking a box or filling out a subscription form.
Example: “Subscribe to our newsletter for the latest updates and offers.” - Implied Consent:
Applies in cases where there is an existing relationship, such as a recent purchase or inquiry, or if the recipient’s contact information is publicly available.
Tip: Always maintain a record of how and when consent was obtained.
2. Include Clear Identification
Every newsletter must identify the sender clearly:
- Your Business Name: Recipients should know who is contacting them.
- Contact Information: Include a mailing address, phone number, email address, or website for easy verification.
Transparency builds trust and ensures compliance.
3. Provide an Unsubscribe Option
CASL requires an unsubscribe option in every newsletter.
- Ease of Use: The unsubscribe link should be easy to find and use.
- Timely Action: Process all unsubscribe requests within 10 business days.
Ignoring unsubscribe requests can result in penalties and reputational damage.
4. Avoid Misleading Content
Your newsletters must:
- Have Accurate Subject Lines: No clickbait or misleading headlines.
- Use Correct Sender Information: The email must clearly show who the sender is.
Deceptive practices can lead to CASL violations and loss of trust.
5. Penalties for Non-Compliance
CASL is strict, and non-compliance can result in:
- Fines of up to $1 million for individuals.
- Fines of up to $10 million for businesses.
To avoid these penalties, follow CASL requirements carefully.
Conclusion
Sending newsletters legally in Canada involves more than just creating engaging content. By complying with CASL—obtaining consent, providing clear identification, and including an unsubscribe option—you can ensure your newsletters build trust and deliver value. Stay compliant, and your newsletters will not only reach the inbox but also the hearts of your audience.
