If you send emails to Canadian recipients, whether you are located in Canada or not, as of July 1, 2014 you may be subject to An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act
(informally known as Canada’s Anti-Spam Law, CASL).
If you send Commercial Electronic Messages
to Canadian recipients, you are most likely subject to CASL regulation. Commercial Electronic Messages (“CEM”s) are defined as any electronic messages including emails which encourage participation in a commercial activity, without regard to an expectation of profit. There are certain exceptions, but they are limited. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THE EMAILS YOU SEND USING CAKEMAIL ARE SUBJECT TO CASL REGULATION.
Failure to comply with CASL may result in severe administrative monetary penalties (up to $10,000,000 for organizations).
As a general rule, to be compliant under CASL you must: (1) have obtained valid consent to send a recipient a CEM and (2) your CEM must contain certain information, including an unsubscribe mechanism with certain requirements. To visit the CRTC Anti-Spam portal, please visit: http://fightspam.gc.ca
To get more information about the CAN-SPAM Act, visit https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
To get more information about the EU Data Protection Reform, visit http://ec.europa.eu/justice/data-protection/reform/index_en.htm