The short answer is yes, the Canadian Anti-Spam Law applies to all electronic marketing communications originating in Canada or sent to Canadians.
However, the law’s regulations allow for legal direct sales and marketing commercial messages under certain circumstances.
For example, the implied consent requirement includes communicating with a business contact if that contact released their contact information to you in the course of your relationship with them, or if their contact information was conspicuously and publically published without a disclosure forbidding solicitations and your message is relevant to their professional role.
If you sell medical equipment and obtain a list of medical equipment purchasers whose email addresses were published on LinkedIn and who had not prohibited solicitations, then you could legally contact those individuals with commercial messages relevant to purchasing medical equipment. You could not contact them with commercial messages concerning a discounted Disney vacation, nor could you contact them if they had designated they were not interested in solicitations or business offers via email.
The key here is that you document the application of this and every CASL exemption to protect your business, and your bottom line, from investigation and fines. Documentation requires the centralized collection and organization your prospects’ contact information and any opt-outs across your organization, including all internal departments, independent offices, and all third-party marketing service providers.
Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations. Gryphon provides fully indemnified compliance services for any application, campaign, or any agent at any location, including third parties marketing on your behalf.
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