Tech, AI and SaaS

Email marketing (CASL) review

Consent and unsubscribe rules for your email and SMS. Terms for your customers, users and partners.

What it is

Canada’s Anti-Spam Legislation, or CASL, sets rules for commercial electronic messages such as marketing emails and texts. It requires consent, sender identification and a working unsubscribe. We review your sign-up and consent flow and give you a checklist of what each message needs.

Software companies often mix service and marketing messages, and an onboarding email with an upgrade offer can count as commercial. Getting consent right at sign-up is easier than rebuilding a mailing list later.

You likely need this if

  • You send marketing emails, newsletters or texts
  • Your onboarding or trial emails include upgrade offers
  • You’re importing a contact list from somewhere else
  • You’re setting up a new email platform or sign-up form

What the starting price includes

  • Review of your sign-up and consent flow
  • Message requirements checklist
Read first Does CASL apply to my SaaS onboarding and marketing emails? Yes, whenever a message encourages someone to buy, upgrade or otherwise take part in a commercial activity. Messages that solely give factual information about an existing subscription or account don't need consent, but the line is narrower than most product teams assume. Commercial messages need consent, sender identification and a working unsubscribe link, and if anyone asks, you have to prove the consent. Read the guide

Questions founders ask

Does CASL apply to onboarding emails?

Messages that only give factual information about an account the person already has, or deliver something they are already entitled to, are exempt from the consent requirement. Once a message also promotes an upgrade or a paid feature, treat it as commercial.

What’s the difference between express and implied consent?

Express consent is an active yes, and it has no time limit unless the person withdraws it. Implied consent arises only in situations the Act lists, such as an existing business relationship, and many forms of it expire.

General information, not legal advice.

How it works

  1. A free 15-minute call. What you’re building and what you need.
  2. A written scope and fixed fee. Before any work starts.
  3. A short, tailored intake. A few focused questions for your matter, so we start with what we need.
  4. Drafting or review. Most work is back within three business days.