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Does this message need consent under CASL?

Answer up to seven quick questions about one email, text or message. See whether Canada’s anti-spam law likely needs consent for it, which kind, and what every commercial message has to include.

Question 1 of up to 7

  1. Is it an electronic message, such as an email, text or direct message, sent to someone’s email, phone or messaging account?

General information about Ontario and Canadian law, not legal advice or an opinion on your situation. Results depend on your facts and documents, so check with a lawyer before you act.

Questions

Do onboarding and account emails need consent under CASL?

Not if they only give factual information about the person’s existing account or subscription, confirm a purchase, or deliver something they’re already entitled to (CASL s. 6(6)). Those messages still have to identify you and include an unsubscribe mechanism. Add an upgrade offer and the email is ordinary marketing that needs consent.

How long does implied consent last?

Under CASL s. 10(10), a purchase or lease supports implied consent for two years, a written contract for as long as it runs and two years after it ends, and an inquiry for six months. For a subscription or account, the two years start when it ends (s. 10(14)). Express consent has no time limit unless the person withdraws it.

What does every commercial email or text have to include?

Your business name (and the name of anyone you send for), a mailing address plus a phone number, email or web address, and an unsubscribe mechanism that works at no cost. The contact details and unsubscribe must keep working for at least 60 days, and unsubscribes must take effect within 10 business days (CASL ss. 6 and 11; CRTC Regulations s. 2).

Read next: Email marketing (CASL) reviewCASL for SaaS and e-commerceExpress consentImplied consentCommercial electronic message

This tool gives general information and estimates about Ontario and Canadian law only, not legal, tax or financial advice. Results depend on the exact terms of your documents. Legal services are provided by lawyers licensed by the Law Society of Ontario. See our Terms of Use.