What You Need to Know About CASL

Canada’s Anti-Spam Legislation (CASL), introduced in 2014 and actively enforced, regulates the use of commercial electronic messages (CEMs) sent to individuals and organizations in Canada. This includes emails, text messages, WhatsApp communications, and outreach through platforms such as LinkedIn or Facebook.

CASL aims to protect users from unsolicited messages, phishing attempts, fraud, and other harmful online activities. Any business communicating with Canadian recipients must comply with the requirements outlined in this law.

Fintech Infoworld is committed to maintaining full compliance with CASL across all its communication and marketing practices.

Who Must Comply With CASL

CASL applies to any individual or organization that sends commercial electronic messages to recipients in Canada, regardless of their geographic location.

CEMs include messages that involve:

• Promotional content or special offers.
• Invitations to webinars, events, or business meetings.
• Business or partnership opportunities.
• Information related to products or services.
• Lead generation and follow up communication.

If your outreach includes contacts based in Canada, compliance with CASL is mandatory.

1. Consent Requirements Under CASL

CASL identifies two forms of consent Express consent and Implied consent. While both are legally acceptable, express consent is more reliable and strongly encouraged.

Express Consent Recommended

Express consent is obtained when an individual clearly agrees to receive communications through a deliberate action.

Examples include:

• Selecting an opt in checkbox on a subscription form.
• Completing a registration or signup form online.
• Opting in during events, seminars, or webinars.
• Providing a business card with clear communication intent.
• Agreeing to receive emails during a checkout or inquiry process.

Express consent remains valid until the individual chooses to withdraw it.

Implied Consent

Implied consent is valid under certain conditions and for a limited duration.

It applies when:

• A transaction or purchase has occurred within the last 24 months.
• A user has requested information or downloaded a resource within the last 6 months.
• A business card is shared without restrictions on communication.
• A work email is publicly available and relevant to the outreach purpose.

Implied consent should be converted into express consent whenever possible.

2. Record Keeping Requirements

To ensure compliance, Fintech Infoworld maintains comprehensive records, including:

• Details of how and when consent was obtained.
• The source or method used for collecting consent.
• Supporting data such as timestamps and IP information.
• Records of unsubscribe actions and corresponding dates.
• Monitoring of implied consent validity periods.

Proper documentation supports accountability and helps in case of audits or regulatory checks.

3. Exemptions From CASL

Certain communications are not considered commercial electronic messages and are exempt from CASL requirements:

• Replies to customer inquiries or service related communication.
• Transactional messages such as invoices, receipts, or confirmations.
• Warranty notifications, recalls, or legal updates.
• Security alerts or password reset communications.
• Surveys or feedback requests without promotional content.
• Non commercial messages from charitable or political organizations.

If any message includes a promotional element, CASL rules will apply.

How Fintech Infoworld Ensures CASL Compliance

Fintech Infoworld follows a structured approach to maintain compliance:

• All data collection forms include clear opt in options.
• The purpose of collecting information is clearly communicated.
• Every message includes company identification and contact details.
• A visible and functional unsubscribe option is provided in all communications.
• Opt out requests are processed promptly.
• Consent and unsubscribe records are securely maintained.
• Communications are sent only when valid consent exists.
• Regular internal reviews are conducted to ensure compliance.

Your Rights Under CASL

Recipients in Canada have the right to:

• Understand why their information is being collected.
• Withdraw consent at any time.
• Unsubscribe from communications instantly.
• Request access to or correction of their personal data.

All such requests are handled efficiently and without delay.

Contact Us

If you have any questions regarding this CASL Policy or how Fintech Infoworld manages consent and communications, please contact: Info@fintechinfoworld.com