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Borden Ladner Gervais (BLG) released early January a downloadable resource with updates on the key changes to commercial electronic messages (or, CEMs) released relating to CASL. The following is the updated changes, according to the resource available:
- Family & Personal Relationships are exempt. CEMs sent between people with either personal or family relationships are now considered exempt from CASL.
- NEW Exemptions:
- CEMs that have been sent within an organization (sent by employees, representatives and contractors) OR to an organization with a business relationship (as long as the content of the message is related to the recipient’s role, job function or duties).
- CEMs that are sent in response to a specific request or complaint, or that have otherwise been requested or “solicited”.
- CEMs that relate to foreign business activities that are received when the message’s recipient is visiting Canada at the time.
- CEMs required by law (such as bank statement, or product recalls).
- Referral Marketing: You no longer have to obtain consent for the first message sent to someone who has been referred to you by a third party, providing the third party has a pre-existing relationship. The criteria that must be followed to ensure that exemption applies is to ascertain that this first CEM advises somewhere is the text of the message the full name of the person who made the referral.
- Computer Programs: Consent is assumed for programs installed by service providers to prevent security risks, or to advise of network updates, etc.
What did not change are the regulations dealing with third party consent. CEMs sent by someone on behalf of a third party whose identity is “unknown” in the message are not acceptable. The party (or, the sender) who obtained consent on behalf of the third party is responsible for ensuring the message’s recipient can unsubscribe from messages and quickly and that the recipient is able to contact the sender easily to ensure that it happens; should the feel it necessary.
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