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MAY 2016 • PPB • 51
few best practice ideas and to
address common CASL chal-
lenges that affect the promo-
tional products marketplace and
industry.
“First and foremost, it is cru-
cial to have a comprehensive plan
in place,” says PPPC
Communications Coordinator
Alec Raffa. “Call a meeting and
sit down with key members of
your staff. Evaluate your current
strategy and determine where
improvements are needed in rela-
tion to the new law. CASL is a
complicated piece of legislation
that should not be taken lightly.
Sanctions for violating CASL can
be crippling to your company’s
bottom line. This is why it is so
important to have a calculated
approach from the get-go.”
Raffa adds, “From an associ-
ation standpoint, we have had
much success with this strategy.
Many PPPC members have also
adopted a similar approach. The
more information you have on
the subject matter, the better off
you and your company will be. I
invite you to check out the
Canadian Government’s CASL
website at
for more information on how the
new legislation could affect your
business dealings with Canadian
consumers.”
Following are a few things to
consider about CASL as well as
a few ways you may make a good
faith effort to comply with this
Canadian law:
1CEM. For starters, it is
wise to grasp the meaning
of “commercial electronic
message.” A CEM is an elec-
tronic message—email, text
message, SMS, instant message,
etc.—with content that, it is
reasonable to conclude, has as
one of its purposes to encourage
participation in a commercial
activity, including a message
that offers to purchase or sell a
product, good, or service, or that
markets such activity.
2 Review Lists.
Organizations should
review all Canadian
addresses used for CEM market-
ing and communication efforts.
Consider adopting a practice
where the CASL-applicable
address list is updated each time
a new Canadian recipient is
added (or where a previous
recipient opts out or unsub-
scribes).
3 Consent. For each
Canadian address used,
consider requesting
express consent from the recipi-
ent—either verbally or in writ-
ing. The consent may be given
electronically. Some organiza-
tions use opt-in links within a
CEM, with detailed subscribe or
opt-in forms to tailor the com-
munications for which consent
may or may not apply. Consent
may also be implied by way of an
existing business or other rela-
tionship, or if a recipient pub-
lishes or publicly discloses their
electronic contact information.
However, obtaining express,
written consent is a safer
approach. Consider using a
process to maintain records of
consents received (or rejected).
4 Information To Disclose.
For CEMs, the CEM
should identify the
sender’s name and business, the
name of anyone else on whose
behalf the CEM is sent, any
email service provider, a current
mailing address, and a phone
number, email address or web
address. The CEM should also
contain an unsubscribe or opt-
out option.
5 Avoid Misleading Or
False CEMs. Content
and disclosures should
contain accurate information
about the subject matter, URLs
and other information disclosed
for CASL and other regulatory
compliance. Avoid content or
mechanisms that are confusing
or misleading.
6 Tools To Assist
Compliance. The gov-
ernment of Canada has
published information and com-
pliance considerations. Find it at
this shortcut:
JHUkqf. PPPC has also com-
piled a great deal of information
regarding CASL, including
informational videos, sample
forms, unsubscribe options and
many other tools. PPPC’s infor-
mation may be found at
With the ever-growing
global economy, Canada’s Anti-
Spam Legislation will certainly
affect international commerce,
and CASL may bring severe
penalties to the unknowing or
unwary. A focused review of
CASL and your electronic com-
munications systems is a good
first step to understand how
this Canadian law may or will
affect the manner in which you
promote your business via
commercial electronic messages.
A good faith (and well-
documented) approach to com-
pliance is generally a good idea
with any legal regime, and
CASL is no exception.
“CASL is a
complicated piece
of legislation that
should not be
taken lightly.
Sanctions for
violating CASL can
be crippling to
your company’s
bottom line.”
Cory Halliburton is a shareholder attorney with Weycer, Kaplan, Pulaski & Zuber, P.C., and he serves as
general counsel for PPAI. This article is for general informational purposes only; it is not legal advice, and
should not be relied upon as such. Each recipient is encouraged to consult independent legal counsel
before making any decisions concerning the matters in this communication.
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