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What are the Casl Requirements for Lead Generation Emails?

To maintain CASL compliance for lead generation emails in Canada, businesses must adhere to specific requirements regarding consent, identification, and record-keeping:

  • Obtain Valid Consent: You must have either express or implied consent before sending a Commercial Electronic Message (CEM). Express consent is an explicit opt-in (e.g., an unchecked checkbox) and lasts indefinitely until revoked. Implied consent is inferred from an existing business relationship (valid for two years after a purchase) or an inquiry (valid for six months).
  • Mandatory Sender Identification: Every email must clearly identify the sender or the person on whose behalf the message is sent. This includes your legal business name and a physical mailing address.
  • Functioning Unsubscribe Mechanism: Each message must contain a free, simple unsubscribe link that is easy to use. Requests to opt out must be processed within a maximum of 10 business days.
  • Diligence in Record-Keeping: You are required to maintain a verifiable audit trail for at least three years. Records should include the type of consent obtained, the date, the method used (e.g., a timestamped digital form), and the exact wording presented to the subscriber.

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