blog post

CASL Compliance: What Every Business Needs to Know

email marketing and automation

If you’re running a business in Canada, you’ve probably heard the term CASL — that’s the Canada’s Anti-Spam Legislation. And yes, it might sound intimidating… but at its core, it’s built on one simple promise: send only emails people actually want. In other words — no spamming.

Here’s what’s important: CASL applies to everyone — coaches, consultants, freelancers, small business owners — not just big corporations. And even if your email service provider is outside Canada, CASL still matters when you’re emailing to or from Canada.

The good news? It doesn’t have to be overwhelming. If you focus on three core pieces — consent, clear identification, and easy unsubscribes — you’ll be in great shape. Let’s break those down.

Always Get Consent

There are two types of consent under CASL: Express consent is the gold standard. Someone signs up through a form, clicks “subscribe,” and explicitly agrees to hear from you. This is what is called an opt-in and is the best way to obtain express consent. Did you know that you can get express consent either in writing or verbally (yes — even verbally counts, as long as there’s a clear record). But under CASL, it’s always up to the sender (that’s you) to prove that consent was given.

Also, it is often misunderstood that you can pre-check a box to get someone’s consent but this is not the case. The user must actively check it themselves. Staying silent or taking no action doesn’t count as express consent — that’s considered implied consent (which is more limited).

Implied consent simply means you didn’t ask directly for permission, but based on your relationship with the person, the law assumes you have permission for a very limited time. For example, under CASL you may have implied consent if:

  • Someone recently bought something from you or hired you (an existing business relationship).
  • Someone has reached out with an inquiry about your services
  • The person gave you their business card and your emails relate to their job role — as long as they didn’t say they don’t want marketing messages.

The key difference with implied consent is that it is temporary or time-limited. To keep sending messages long-term, you need to get express consent (a clear “yes”). I can see your eyes glazing over so let’s I’ve summarized it here for you:

Express vs. Implied Consent under CASL

Type of Consent What It Means Examples How Long It Lasts
Express Consent The person clearly said “yes” to receiving your emails. They signed up through a form, checked a box, or verbally agreed. Does not expire (but they can unsubscribe at any time).
Important to Know: Best practice. You must be able to prove how and when consent was given.
Implied Consent ⚠️ Permission is assumed based on your relationship with the person. They bought something from you in the last 2 years, made an inquiry in the last 6 months, or gave you a business card related to their job. Time-limited (e.g. 2 years after purchase, or 6 months after inquiry)
Important to Know: It’s wise to transition implied contacts toward express consent if you want to email them long-term.

 

But remember, most importantly, under CASL, it’s always up to you, the sender, to prove you have consent.

Clearly Identify Yourself

Every email you send should make it obvious who it’s from. That means including:

  • Your business name (and sender’s name, if different)
  • A physical mailing address (yes, a PO Box is fine)
  • At least one way to contact you (email, phone, or website)

Many people wonder if they have to use my home address. Not at all. Just make sure the address you provide is valid and you can be contacted there.

Ensuring you have clearly identified yourself builds trust and reassures subscribers that you’re a real person or business.

Make Unsubscribing Easy

Every email must include a clearly visible unsubscribe option — simple, quick, and obvious to the reader. No tricks, no hidden links.Making someone jump through hoops to get off your mailing list is non-compliant and diminishes trust.

So, what else is important to the business owner when it comes to sending email to subscribers? Here are some tips to ensure you are always adhering to best practices and building trust with your audience.

Be Honest in Your Content

It’s important to be transparent with content. Don’t overpromise or mislead — make sure your subject line reflects what’s inside. If you’re promoting your latest course, say so — don’t disguise it as something else. If you’re emailing on behalf of another business, be upfront about that too.

There’s nothing worse than leaving your reader feeling cheated or taken for a ride. This is one of the quickest ways to lose the trust you’ve built with your audience.

Be Transparent with Freebies

Offering a free guide, checklist, or template? Great — but make it clear if opting in also means subscribing to your mailing list. Transparency at this step prevents surprise or frustration later — people appreciate knowing exactly what they’re signing up for.

For example:
“By signing up, you’ll receive your free guide plus occasional emails with resources and offers. You can unsubscribe at any time.”

This simple disclaimer keeps you transparent and compliant. No one likes to feel like they are being spammed with offers and content they did not want. And, when they unsubscribe, be open, friendly and kind to continue to build trust even though they may not want your content at this time.

Keep Proof of Consent

One of the easiest ways to track express consent is by using an Email Service Provider (ESP) such as MailerLite, Mailchimp, Kit, or similar platforms. These platforms automatically record when, how, and where someone opted in. That becomes your proof. Remember, proof is your responsibility.

Having this information stored by your ESP makes compliance much easier than relying on manual notes or spreadsheets. That said, don’t rely solely on your ESP. Export your lists regularly (CSV backups, with timestamps) so you always have access to your consent data — especially if you ever migrate to another provider.

Conclusion

I hope this gives you clarity on CASL compliance — it doesn’t have to be overwhelming. At its core, it’s about respecting your audience by getting permission, being transparent, and giving people control over what they receive from you.

If you’re already using an email service provider, the good news is they’ve built in many of these requirements — but it’s still your responsibility to follow the rules. So, start with consent and clarity, and best practices — and everything else will fall into place.

Here are some links that will help you do just that:

Want help auditing your email list’s compliance or with your email marketing? Contact us or book a call and we’d be happy to help!

This article may contain affiliate links, which means if you decide to try the tools or services, I may receive a small commission—at no extra cost to you. But rest assured, I only recommend tools I trust!

You might also like…