Who does CASL apply to?
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CASL (Canada's Anti-Spam Legislation) applies based on where your recipients are, not where your company is. If a Canadian receives your commercial email, CASL applies to that send, regardless of whether you've ever done business in Canada or visited the country.
The law covers commercial electronic messages (CEMs): any message that encourages participation in commercial activity. This is intentionally broad. A newsletter promoting your services qualifies. A promotional email about a sale qualifies. Even brand awareness emails that don't sell anything directly can qualify if they could reasonably encourage a transaction. The test is about commercial intent, not explicit selling.
Some messages are exempt: purely transactional messages (order confirmations, account notifications), employment-related messages to employees, responses to inquiries, and messages within personal relationships. But these exemptions are narrow, and most commercial email to Canadian addresses requires CASL compliance.
The practical implication for most senders: if you can't confirm your list has no Canadian addresses, treat CASL as applicable. Unlike GDPR, which requires documented opt-in, CASL at least has implied consent provisions for existing customers. But those expire, and if you can't prove you have consent, you're likely violating the law.
Not sure whether you have Canadian subscribers or how to check? Our free Blocklist Checker covers domain reputation, and the SOS call covers compliance questions.
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