In order to protect your business and yourself, you must meet all of the compliance requirements:
- Have to obtain express consent from a person that they opt-in to your email promotions and newsletters.
- Implied consent is allowed but it is more difficult to prove.
- If you have had a previous business relationship with the individual you will be compliant.
- You have to identify yourself or your business within the email.
- You can’t collect contact information or harvest personal information from people without their permission. This includes purchasing contact information from third parties and spam marketing.
- There has to be a clear, easy to read opt-out button or link that automatically takes the individual off of your email list.
While the CASL has been in effect for a little over a year now, you can still take steps to become compliant. Review your email system to make sure it automatically includes identifying information and has an opt-out button or link clearly visible in the email. It is recommended to send a message to all of your subscribers asking them to opt-in due to the new CASL requirements. Anyone who doesn’t consent must be removed from the list. This is a good time to clear out any old emails or uninterested contacts.
Once your subscriber list is only made up of people who have opted in, you will be in compliance with CASL. Your emails will be allowed to any of the individuals on your subscriber list. Any new contacts must opt-in from your website or social media platforms and give express consent to receiving promotional emails and newsletters.