Replies and Smartphones and CASL! Oh My!

Posted: March 14, 2016 | Last Updated: March 14, 2016

By now, many (if not most) Canadian organizations are well aware of their obligations under Canada's Anti-Spam Law, or CASL. 

You can't send email or other electronic messages which involve participation in commercial activity, unless you have the recipient's consent, or if one of CASL's myriad exceptions applies.

Each commercial electronic message must identify you (or your organization) as its sender and contain an unsubscribe function (which must actually work - the CRTC is watching).

But does your organization have a strategy for reply email?  Email clients like Outlook provide the opportunity to customize reply-specific email signature blocks.  New email you send might be configured to include the content CASL requires, in the signature block, but what about your reply messages?

Similarly, when was the last time you checked your mobile device's signature block?  CASL doesn't exempt messages sent from smartphones, tablets and the like from the necessary identification and unsubscribe requirements. 

Take a few minutes and consider whether all of your email - not just email sent from your workstation - meets all of CASL's requirements.  An ounce of prevention …

Andrew Buck is a Lawyer at Pitblado Law, whose practice areas include privacy and e-commerce.  Please contact Andrew for more information about this, or any other privacy or e-commerce matter.