Does CASL apply if I'm not physically located in Canada?

Yes, CASL applies if a commercial electronic message (CEM) is sent from a computer system in Canada or accessed by a computer system in Canada, regardless of the sender's physical location. The CRTC actively enforces this extraterritorial application.

What type of consent do I need from Canadian recipients?

You need express consent, which means the recipient explicitly agrees to receive your emails. Implied consent is allowed in specific, time-limited circumstances, like an existing business relationship, but express consent is always preferred.

What information must be included in emails to comply with CASL?

Every commercial email sent to a Canadian recipient must clearly identify the sender, include contact information (like a mailing address or website link), and provide a functional unsubscribe mechanism.

What are the penalties for violating CASL from outside Canada?

Failing to comply can result in significant administrative monetary penalties, which can be millions of dollars. It can also damage your sender reputation, leading to email deliverability issues and being placed on an email blocklist (or blacklist).

Are transactional emails exempt from CASL when sent internationally?

While transactional emails are generally exempt from some consent requirements, they must still contain identifying information and an unsubscribe mechanism if they include any promotional content, making them a commercial electronic message .

Does CASL apply to emails sent from outside Canada to Canadian recipients? - Compliance - Email deliverability - Knowledge base

A common question arises when considering Canada's Anti-Spam Legislation (CASL): Does it only apply if I'm physically sending emails from within Canada? It's a natural assumption to make that a country's laws primarily govern activities within its borders.

However, when it comes to email marketing and commercial electronic messages (CEMs), the answer isn't as straightforward. Many international businesses and marketers are surprised to learn that CASL has a significant reach far beyond Canadian soil. This means that if you're sending emails to recipients located in Canada, regardless of your own physical location, you are likely subject to its provisions.

Understanding this extraterritorial application is crucial for maintaining compliance and ensuring your email campaigns remain effective. Ignoring these rules can lead to significant penalties, impacting your sender reputation and deliverability.

Understanding CASL's extraterritorial reach

CASL is designed to protect Canadian citizens from spam, electronic threats, and other misuses of digital technology. It regulates the sending of commercial electronic messages (CEMs) to or from a computer system in Canada. The key here is the recipient's location rather than solely the sender's. If an email is accessed by a computer in Canada, even if it was sent from outside the country, CASL applies. This makes it one of the strictest anti-spam laws globally.

The Canadian Radio-television and Telecommunications Commission (CRTC) clearly states that CEMs sent to recipients in Canada from another country must comply with CASL. This includes requirements for obtaining consent, providing identifying information, and including a functional unsubscribe mechanism. The CRTC actively works with international partners to enforce these provisions, underscoring the global reach of the legislation.

This broad scope is why anyone sending commercial emails that might reach Canadian recipients needs to be aware of and adhere to CASL's regulations. It's not just about where you hit the send button, but rather where the message is ultimately received and accessed.

Why extraterritoriality demands attention

The enforcement of CASL against senders outside Canada is possible through various international cooperation agreements. The CRTC collaborates with enforcement agencies in other countries, sharing information and coordinating efforts to combat cross-border spam. This means that even if your business is based in the United States, Europe, or anywhere else, you could face consequences if your commercial electronic messages violate CASL and are sent to Canadian recipients.

Many international businesses have a presence or customer base that includes Canadians, making compliance an essential part of their global email strategy. It's not enough to simply adhere to your own country's anti-spam laws, such as CAN-SPAM in the USA, as CASL's requirements are often more stringent, particularly regarding consent.

The risks of non-compliance for foreign entities

Failing to comply with CASL can lead to significant administrative monetary penalties, which can be substantial. Beyond financial repercussions, a CASL violation can severely damage your organization's brand reputation and lead to its IP address being added to an email blacklist or blocklist, affecting your overall email deliverability. This can hinder your ability to reach customers, regardless of their location, impacting your entire email program. Learn more about the potential impact if your domain is put on a blocklist.

The cornerstone of CASL is the requirement for consent. Unlike some other anti-spam laws, CASL generally requires express consent to send CEMs, meaning recipients must explicitly opt-in to receive your messages. While implied consent is permitted in specific circumstances, such as an existing business relationship, it comes with strict limitations and expiry periods. Ensuring you have valid consent for every Canadian recipient is paramount.

Express consent

Definition: The recipient actively and explicitly agrees to receive CEMs. This is typically done through a checkbox (not pre-checked) on a website or a clear verbal agreement.
Documentation: You must keep records of when and how consent was obtained. This includes timestamps, IP addresses, and the specific language used for consent.
Duration: Once obtained, express consent does not expire unless the recipient withdraws it.

Implied consent

Definition: Consent is inferred from certain actions, such as a business relationship (e.g., a purchase), a non-business relationship (e.g., a donation), or conspicuous publication of an email address.
Limitations: Implied consent is time-limited, typically for two years after a business transaction or six months after an inquiry. You must also be able to determine the start of the six-month contact window.
Proof: Like express consent, you must be able to prove the existence of the relationship that gives rise to implied consent.

In addition to consent, every CEM must clearly identify the sender and include contact information, such as a mailing address or a valid web link. It must also feature an unsubscribe mechanism that is clear, prominent, and functions quickly. These requirements apply universally to all CEMs sent to Canadian recipients, regardless of the sender's origin.

Practical compliance steps for international senders

For businesses operating outside Canada but sending to Canadian recipients, proactive compliance is not just a legal necessity, but a best practice for maintaining good sender reputation. Start by segmenting your email lists to identify all Canadian contacts. For these contacts, ensure you have documented, valid consent that aligns with CASL's stringent rules. If not, you may need to re-permission these contacts or remove them from your commercial mailing lists. For detailed guidance on consent, refer to the official guidance on getting consent.

Implement robust systems for recording consent, including the date, method, and specific language used. This documentation is crucial in case of an audit or complaint. Ensure your email templates include all the mandatory identifying information and a clear, single-click unsubscribe link. The unsubscribe process should be quick and efficient, processing requests within 10 business days. For more on unsubscribe requirements, check out our guide on CAN-SPAM and CASL unsubscribe requirements.

Example of CASL-compliant email footertext

From: Your Company Name <info@yourcompany.com>
Subject: Important Update from Our Company

Dear [Recipient Name],

[Your email content here]

--------------------
Your Company Name
123 Main Street
Anytown, ON A1B 2C3, Canada

To unsubscribe from future emails, click here: [Unsubscribe Link]

It's also important to understand the nuance of transactional emails. While certain transactional messages are exempt from some CASL provisions, any promotional content included within them can bring the entire message under CASL's commercial umbrella. Be mindful of when transactional email becomes commercial, and structure your emails accordingly.

Maintaining deliverability through global compliance

Maintaining a healthy sender reputation is paramount for email deliverability. Compliance with international anti-spam laws like CASL plays a direct role in this. Internet Service Providers (ISPs) and mailbox providers, including major players, assess sender behavior globally. Violations in one region can negatively impact your ability to reach inboxes elsewhere. This makes understanding and adhering to regulations like CASL a critical part of your overall email deliverability strategy. See our guide to email deliverability issues for more.

Aspect	CASL Requirements (for emails to Canadians)	Impact of non-compliance
Consent	Requires express consent, with limited exceptions for implied consent (time-limited).	Legal penalties (fines), increased spam complaints, blocklisting.
Identification	Sender's name, contact information (mailing address or web link) must be clearly stated.	Compliance issues, potential fines, negative impact on brand trust.
Unsubscribe	Must include a clear, prominent, and functional unsubscribe mechanism. Requests processed within 10 business days.	High spam complaint rates, poor sender reputation, fines.
Location	Applies if a CEM is sent from or accessed by a computer system in Canada, regardless of sender's location.	International enforcement, legal penalties, damaged business relationships.

Ultimately, the answer to Does CASL apply to emails sent from outside Canada to Canadian recipients? is a resounding yes. It's a critical piece of legislation that transcends geographical borders to protect Canadian consumers. By prioritizing compliance, businesses can navigate the complexities of international email marketing successfully and ensure their messages continue to land in the inbox.

Views from the trenches

Best practices

Actively segment your contact lists to identify all Canadian recipients and verify their consent status.

Implement double opt-in for all new Canadian subscribers to ensure explicit, documented consent.

Regularly audit your consent records to ensure they are up-to-date and include all required information.

Common pitfalls

Assuming CASL does not apply because your sending server or business is outside Canada.

Relying solely on implied consent without fully understanding its limitations and expiry periods.

Failing to keep adequate records of how and when consent was obtained for Canadian recipients.

Expert tips

Remember that CASL applies if a computer system in Canada is used to access the CEM, irrespective of the sender's location.

The CRTC has enforcement agreements with other countries, making cross-border enforcement a reality.

Always align your email practices with the strictest applicable anti-spam laws when dealing with international audiences.

Marketer view

Marketer from Email Geeks says: Initially, I thought CASL compliance was only necessary if emails originated from within Canada.

2017-06-01 - Email Geeks

Marketer view

Marketer from Email Geeks says: My understanding is that if you're emailing to Canadians, the origin doesn't matter, as the CRTC is actively working with other countries on this.

2017-06-01 - Email Geeks

Final thoughts on CASL's international application

The long and short of it is that Canada's Anti-Spam Legislation (CASL) does indeed apply to commercial electronic messages (CEMs) sent from outside Canada to Canadian recipients. Its broad jurisdictional reach is designed to protect Canadian consumers from unsolicited commercial communications, regardless of the sender's physical location. This principle is upheld through the requirement that a computer system in Canada must be used to send or access the CEM, making the recipient's location the primary determinant of applicability.

For international senders, this means meticulous attention to CASL's core requirements: obtaining proper consent (preferably express), clearly identifying your organization, and providing a functional unsubscribe mechanism in every commercial email. Adhering to these regulations is not only a legal obligation but also a fundamental practice for maintaining a positive sender reputation and ensuring optimal email deliverability globally. Neglecting CASL compliance can lead to severe penalties and significantly hinder your email marketing efforts. Ensure your practices are aligned with the legislation to avoid issues with email blacklists (or blocklists) and maintain a healthy sending reputation.