Canadian Anti-Spam Law

1. ASQ Opt-In Policy
Understanding the Canadian Anti-spam Law
July 6, 2017

2. Canadian Anti-spam Law
• The law requires all senders of commercial electronic
messages, or CEMs, obtain consent from all recipients.
• A commercial electronic message is any message that
includes promotions or marketing, and also includes any
messages the link to webpages that include ads.
• Penalties for non-compliance include fines up to $10
million for businesses.
• Two types of consent:
• Express
• Implied

3. Consent
Express Consent
• When a recipient “…willingly and consciously agreed to receive mail from
the sender.”
• Example: a recipient checks a box associated with clear and concise
opt-in language. This language should clearly identify the sender and
include a statement that the recipient can opt-out at any time.
Implied Consent
• Applies when the sender and recipient are engaged in an ongoing
business or non-business relationship.
• Can be inferred that the recipient is interested in receiving mail from the
sender because of the previous relationship.
• Guidance indicates that a primary purpose of sending messages with
implied consent should be to request express consent from the recipient.
Source: Real Magnet

4. Canadian Anti-spam Law
• Since the last communications in Friday Fast Facts, the
private right of action – essentially the opportunity for
individuals to sue – has been suspended indefinitely.
• To ensure compliance, ASQ has developed a core team,
including:
• ASQ also is working closely with its third-party email service
provider and data warehouse provider to assist in
compliance.
• Communications
• Marketing
• IT
• Community Development

5. Member mailing lists will be provided more frequently to
Divisions and Sections.
• Member Leaders must use current lists to ensure accuracy. Old
lists will not have current information about members who have
unsubscribed from mailings, and put ASQ and the Section or
Division at risk.
ASQ is developing a system that requires Member
Leaders acknowledge that you received information
about the law and acknowledge that you understand the
law and ramifications of non-compliance.
Canadian Anti-spam Law

6. • Anticipating that other laws similar to the Canadian
Anti-spam law will be enacted in other countries, ASQ
is looking to obtain express consent from all members
and customers worldwide.
• ASQ is currently focusing on Canada because of the
law already enacted.
Looking Ahead

7. Visit the official, Canadian-government
site:
For More Information
fightspam.gc.ca