What it is. What you should know. And how it may affect you.
The new Canadian Anti-Spam Legislation came into effect on July 1st, 2014. First of all, don't let the name fool you. You don't need to be a spammer to be affected by this legislation. Simply sending an e-mail to a customer without "express" permission is now illegal. And, the penalties can be severe. Penalties can be as high as $1,000,000 for individuals and up to $10,000,000 for companies. This is considered to be the toughest anti-spam legislation in the world.
However, that is the new law. In order for that busines to send even one e-mail to one customer, it must have consent, either "implied consent" or "express consent".
- "Implied Consent" is very much a grey area and I'm sure there will be much discussion and disagreement. Basically, it is a prior business relationship, perhaps a person bought something from a buisness in the past 2 years. It could even be a subtle as the business owner saying "can I send you this?", the customer says "yes" and then complains. It then becomes a "he said, she said" issue in court.
- "Express Consent" is a little clearer. This where the recipient has given clear permission, likely in writing or e-mail. There are many convoluted rules to both types of consent, so you should make sure you research CASL further to make sure you are compliant.
Fortunately (at least for the real estate industry, and i'm sure there are others) we have up to three years to acquire the "Express Consent". So, if you are currently receiving CEM's (Commercial Electronic Message) from your favourite REALTOR®, they can still send you their newsletter, listings, or what have you. But alter three years they must have the "Express Consent".
To that end, if you are receiving The DreamWeaver Newsletter, Market Reports, listings e-mails from an MLS® search, or any other communications from DreamScape Realty, please don't wait. Do it today and get it over with. Click HERE to go to the page on my web site where you can give me "Express Consent" to send you e-mail. It will just take a minute of your time.
You can get more information on CASL by clicking on the following links. There are many sources of information including law offices and industry publications.