Planning to do any email marketing in Canada? You better be aware of Canada’s Anti-Spam Legislation (CASL)
But don’t be embarrassed if you’re not: Many Canadian
marketers don’t know much about it either.
Cyberimpact, a Canadian email marketing company, found in a study that 42% of email marketing users don’t understand the law. And 49% are
unaware of its consequences.
“Knowing that the anti-spam legislation has been in place for more that three years, these results are embarrassing, even troubling,” states
Jean-Francis Lalonde, president of Cyberimpact.
He adds that “CASL is still a mystery.”
The law differs from U.S. regulations in that it requires an affirmative opt-in
consent instead of an opt-out. That said, ignorance apparently still reigns.
In September, the Standing Committee on Industry, Science, Technology of Canada’s House of Commons
started a legislative review of CASL.
Even if they don’t understand the law, Canadian marketers think it’s hurting them. According to the study, 58% feel the law negatively impacts
their competitiveness, compared to U.S. companies.
Lalonde notes that CASL is “unique in North America. There are hundreds of software solutions available on the market to facilitate
email marketing, but most of them have been created for the American market.”
He claims that his firm is an exception. But he argues that "The government must clarify the question of
consent management. At the moment there is legal uncertainty that confuses Canadians.”
Lalonde adds that “Canadians would be well advised to make themselves aware of the particular
nature of the law and abide by it.”
Of the thousands of email marketing users surveyed, 75% feel the government isn’t efficient enough in handling complaints. And 69% say the
government hasn’t done a good job of raising awareness among SMEs.