CASL Not So Scary
Canada’s Anti-Spam Legislation Is Here! Can I Still Email My Current Subscribers?
The short answer is yes. The CASL legislation (effective July 1st) is not a wall of terror that is coming to topple you with possible fines. It’s actually a somewhat-belated response to the problem of spam and spam-related evils such as the proliferation of phishing and malware sites. While we can guarantee that most spammers/botnets will ignore the legislation, it does force individuals and businesses to recognize the issue and draft up a best practice policy to remain compliant.
I don’t have express consent from every subscriber who signed up before July 1st. Will my email list implode if I try to email them after July 1st?
No. Nothing will happen. Your mailing list will not disintegrate, and you can still disseminate to current subscribers.
This is because the legislation allows for a 3-year phase-in period. Businesses that send out commercial emails have three years from the start date of July 1st to adjust their policies and practices. While the legislation does require express consent from new subscribers after July 1st, it assumes implicit consent from anyone who is currently subscribed. Of course, this implicit consent is withdrawn the minute someone un-subscribes or discontinues a business relationship with the sender(ie., if someone stops being a shareholder or using your service/product).
Within those three years, it is important to adjust your subscription policies and email content to reflect the changes in legislation.
As always, please visit the government website for more information and to read the regulation details: