Why CASL Deserves Its Own Look

Publishers who serve Canadian audiences usually think first about PIPEDA and Quebec's Law 25. Canada's Anti-Spam Legislation (CASL) is a separate law, in force since 2014, and it governs different behavior: sending commercial electronic messages and installing computer programs on other people's devices. If you run newsletters, push-style messaging, or an app that updates itself, it is relevant to you.

What CASL Covers

The law has three main areas:

• Commercial electronic messages (CEMs). Emails, texts and similar messages that encourage participation in commercial activity generally need the recipient's consent, identification of the sender and a working unsubscribe mechanism.
• Installation of computer programs. Installing a program on someone else's computer system in the course of commercial activity generally needs express consent, with clear disclosure of what the program does.
• Misleading practices. False or misleading representations in electronic messages and online content are prohibited.

Express and Implied Consent

CASL distinguishes the two types of consent, and the difference matters:

• Express consent is asked for explicitly, with a clear purpose, the identity of who is asking, and contact details. It must be an opt-in; pre-ticked boxes are not a valid approach.
• Implied consent exists only in defined situations, such as an existing business relationship, and it can expire after a set period.

Keep proof of how and when consent was obtained. Under CASL the burden of proving consent sits with the sender.

Cookies, Scripts and App Updates

CASL's computer-program rules are about software, not about cookies in the usual sense, and regulator guidance has treated ordinary cookies differently from executable programs. That said, the line is not always obvious in practice, especially for scripts and SDKs that change how a device behaves. Where your product installs or updates software, treat the disclosure and consent step carefully, and ask counsel to review the specific mechanism. For ordinary website cookies and tracking, the privacy laws (PIPEDA and provincial laws) are the main concern.

Enforcement and Penalties

The CRTC is the main enforcer, alongside the Competition Bureau and the Office of the Privacy Commissioner for certain parts. Administrative monetary penalties can reach up to CAD 10 million per violation for organizations. A private right of action was planned but was suspended and has not come into force, so enforcement today is regulatory.

A Practical Checklist for Publishers

1. Use a separate, unticked opt-in for newsletters instead of bundling it into the cookie banner or terms.
2. State who is asking, for what, and how to reach you.
3. Include a one-click unsubscribe in every commercial message and honor it promptly.
4. Store the date, source and wording shown at the time of consent.
5. Review any in-app update or SDK that installs components, and make the disclosure explicit.
6. Do not buy or scrape email lists for Canadian recipients.

How FlexyConsent Helps

FlexyConsent is IAB Canada certified and supports Canada including Quebec's Law 25, so the cookie and tracking side of your Canadian audience can be handled with banner behavior set up for the region. Email opt-ins under CASL are a separate flow that you will need to handle in your own forms and email platform.

Key Takeaways

• CASL governs commercial messages and software installation, separately from PIPEDA and Law 25.
• Express consent must be an explicit opt-in; implied consent is limited and can expire.
• The sender must be able to prove consent.
• Keep newsletter consent separate from cookie consent and log it.
• Get legal review for any component that installs or updates software on a user's device.