Here’s our take on what you can do to comply with CASL in 2021. CASL applies to most business email campaigns.
Odds CASL applies to your email campaigns. Looking for an exception or trying to skirt the rules will not protect you from enforcement. If you are sending email that in any way promotes your business, products, or services you should only send it to people who have consented, you must identify yourself, and you make it easy for subscribers to opt out. Be smart, send messages that comply with the rules.
Get express consent.
The first rule of email marketing is to ensure everyone on your list wants to be there and that you have a record of consent whether implied or express. Further, you should also ensure that what you’re sending is what they consented to. If a customer consented to a newsletter subscription but you only send coupons and promotions, they have not consented.
Identify yourself clearly.
You must include your business name, mailing address and contact information that will continue to be valid for at least 60 days after the campaign is sent.
Make it easy to opt out.
It should be easy to unsubscribe. It should be easy because you don’t want to send email to people who don’t want it and because people who don’t want it shouldn’t have to get it. Modern email marketing tools allow subscribers to unsubscribe with ease and effective immediately. The law requires that unsubscribes must be completed within 10 days.