Canada's Anti-Spam Legislation (CASL):
Posted: Sat May 24, 2025 8:58 am
Core Principle: Requires express or implied consent for sending Commercial Electronic Messages (CEMs), including SMS.
Key Requirements:
Express Consent: Explicitly requested, clear about sender identity, purpose, and providing an unsubscribe mechanism.
Implied Consent: Can exist through an existing business relationship (e.g., recent purchase) or non-business relationship (e.g., membership). Implied consent has an expiry date.
Identification Information: All CEMs must include sender identification and contact information.
Unsubscribe Mechanism: Must be present and easily actioned.
Essential Compliance Best Practices:
Double Opt-in: While not always legally mandated, it is the gold south africa phone number list standard for proving explicit consent and should be implemented universally for marketing SMS.
Clear Disclosures at Opt-in: On all sign-up forms (website, in-store, social media), clearly state:
What messages they will receive (e.g., "marketing alerts," "order updates").
The approximate frequency (e.g., "up to 3 messages per week").
That message and data rates may apply.
How to opt out (e.g., "Text STOP to cancel").
A link to your privacy policy and terms of service.
Automated Opt-Out Handling: Ensure your SMS platform automatically processes "STOP" requests immediately and adds the number to a permanent "do not contact" list.
Comprehensive Record Keeping: Maintain detailed records of every opt-in, including: date and time, IP address (for web opt-ins), method of opt-in, and the exact language of consent given. This is your proof in case of a dispute.
Regular Audits: Periodically review your opt-in processes and privacy policies to ensure ongoing compliance with evolving regulations.
Understand Quiet Hours: Some regions or carriers have restrictions on when marketing messages can be sent.
Legal Counsel: When in doubt, consult a legal professional specializing in telecommunications and data privacy laws relevant to your target markets.
By making phone number list compliance a core pillar of your mobile marketing strategy, you not only avoid costly penalties but also build a foundation of trust with your subscribers, leading to higher engagement and long-term success.
Key Requirements:
Express Consent: Explicitly requested, clear about sender identity, purpose, and providing an unsubscribe mechanism.
Implied Consent: Can exist through an existing business relationship (e.g., recent purchase) or non-business relationship (e.g., membership). Implied consent has an expiry date.
Identification Information: All CEMs must include sender identification and contact information.
Unsubscribe Mechanism: Must be present and easily actioned.
Essential Compliance Best Practices:
Double Opt-in: While not always legally mandated, it is the gold south africa phone number list standard for proving explicit consent and should be implemented universally for marketing SMS.
Clear Disclosures at Opt-in: On all sign-up forms (website, in-store, social media), clearly state:
What messages they will receive (e.g., "marketing alerts," "order updates").
The approximate frequency (e.g., "up to 3 messages per week").
That message and data rates may apply.
How to opt out (e.g., "Text STOP to cancel").
A link to your privacy policy and terms of service.
Automated Opt-Out Handling: Ensure your SMS platform automatically processes "STOP" requests immediately and adds the number to a permanent "do not contact" list.
Comprehensive Record Keeping: Maintain detailed records of every opt-in, including: date and time, IP address (for web opt-ins), method of opt-in, and the exact language of consent given. This is your proof in case of a dispute.
Regular Audits: Periodically review your opt-in processes and privacy policies to ensure ongoing compliance with evolving regulations.
Understand Quiet Hours: Some regions or carriers have restrictions on when marketing messages can be sent.
Legal Counsel: When in doubt, consult a legal professional specializing in telecommunications and data privacy laws relevant to your target markets.
By making phone number list compliance a core pillar of your mobile marketing strategy, you not only avoid costly penalties but also build a foundation of trust with your subscribers, leading to higher engagement and long-term success.