Now that the Canadian Anti Spam Legislation has taken hold, we review some high level points businesses need to bear in mind when planning and executing their marketing campaigns.
In short, it's about giving you control of your incoming electronic messaging; and ensuring that your right to consent to being contacted are well-defined with a focus on you the public.
No! Despite the public awareness and position that email spam has taken, CASL also addresses SMS and other Instant Messaging platforms.
Absolutely. CASL acknowledges that some buying, selling and support situations carry an implied consent for communication. The main thing to bear in mind is whether the customer is "active" or not – just because you sold something to a customer once upon a time doesn't mean you can continue to email them repeatedly forever.
In many ways this is no different than before. If you relied on cold-emailing people who had not given you consent before you were already walking a thin line. Now CASL locks that door tight. You simply aren't allowed to do it.
And really, if that was the crux of your promotional efforts you probably have bigger problems to worry about. There are many new, creative, innovative and targetted models for customer acquisition than cold-email.
Our friends over at Loopstra Nixon have provided a great legal perspective; we strongly recommend that you head over to read it through.